The Classification Of Obligations And The Multilateral Dimension Of The Relations Of International Responsibility

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The Classification of Obligations and the Multilateral Dimension of the Relations of International Responsibility

Author : Linos-Alexander Sicilianos
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis The Classification of Obligations and the Multilateral Dimension of the Relations of International Responsibility by : Linos-Alexander Sicilianos

Download or read book The Classification of Obligations and the Multilateral Dimension of the Relations of International Responsibility written by Linos-Alexander Sicilianos and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The final version of the Articles on State Responsibility, adopted by the ILC in 2001, contains considerable advances over the previous draft of 1996. The ILC reconsidered the group of provisions dealing with the multilateral aspect of responsibility relations, and proceeded to 'decriminalize' international responsibility; to classify international obligations by taking into account the intrinsic nature and beneficiaries of the obligations breached; to differentiate the positions of individually injured states and not directly affected states; and to spell out the legal consequences of 'serious' breaches of obligations under peremptory norms and of erga omnes obligations. The present paper offers a critical analysis of the relevant provisions of the text on state responsibility by focusing on their interplay. Emphasis is also given to the question of countermeasures by not directly affected states.

A General Stocktaking of the Connections between the Multilateral Dimension of Obligations and Codification of the Law of Responsibility

Download A General Stocktaking of the Connections between the Multilateral Dimension of Obligations and Codification of the Law of Responsibility PDF Online Free

Author : Pierre-Marie Dupuy
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis A General Stocktaking of the Connections between the Multilateral Dimension of Obligations and Codification of the Law of Responsibility by : Pierre-Marie Dupuy

Download or read book A General Stocktaking of the Connections between the Multilateral Dimension of Obligations and Codification of the Law of Responsibility written by Pierre-Marie Dupuy and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The multilateral dimension of a number of international obligations raised the need for a review of the classical law of state responsibility, originally designed in the context of bilateral inter-state relationships. In this lengthy process, the International Law Commission sought to enhance the function of the responsibility of states as an instrument for restoring international legality. This tendency was reinforced by the introduction in its Draft Article 19 (1976-1996) of two categories of international wrongful acts: 'delicts' and 'crimes' of states. The final solution adopted by the ILC had to take into account the negative reactions of several states to this distinction. It thus maintains the distinction, while abandoning the ambiguous term of 'crime of state'. However, it consequently fails to differentiate the legal regime of obligations of the state responsible for the violation of 'obligations under peremptory norms of general international law'; the ILC substantially clarifies the notion of 'injured state'. Regrettably, criticism by some states of the draft as adopted in August 2000 resulted in the consolidation, or even introduction, of some incongruities in the final Draft Articles. Nevertheless, the final text constitutes a major contribution to the consolidation of the international law of state responsibility as a tool for the reparation of international wrongs and the restoration of international legality. Its weaknesses are not those of its authors but primarily of states and their political incapacity to develop the international institutions required by the normative design of new concepts such as 'peremptory norms of international law'

Theory of Obligations in International Law

Author : Cezary Mik
Publisher : Taylor & Francis
ISBN 13 : 1040020909
Total Pages : 622 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Theory of Obligations in International Law by : Cezary Mik

Download or read book Theory of Obligations in International Law written by Cezary Mik and published by Taylor & Francis. This book was released on 2024-05-07 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.

A Multilateral Convention for Tax

Author : Sergio André Rocha
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041194290
Total Pages : 401 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis A Multilateral Convention for Tax by : Sergio André Rocha

Download or read book A Multilateral Convention for Tax written by Sergio André Rocha and published by Kluwer Law International B.V.. This book was released on 2021-11-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) is the most forceful multilateral initiative to coordinate tax regimes on a worldwide basis since the dawn of modern income taxation over a century ago. This book evaluates two radically opposed viewpoints on the convention—a momentous and revolutionary paradigm shift versus a mechanism that merely continues an ongoing flow of limited policy coordination—with detailed investigations that bring to life the hopes and the realities of the current era of multilateral tax cooperation. Bringing together authors from national jurisdictions across the globe to scrutinize the MLI and its likely future ramifications, the book provides in-depth commentary and analysis in the following sequence: first, a comprehensive discussion of the design and goals of the MLI as a treaty and an institutional framework; second, an overview of the structure of the convention and its take-up across the globe to date; and third, the substantive implementation of the MLI with a wide range of country reports. Practice areas covered include tax law, international law, and international relations. The legal workings and implications of the MLI might still seem mysterious to those whose daily work is impacted by it, and there is as yet little jurisprudence regarding its legal nature or ultimate effect on the bilateral treaties coming within its scope. For these reasons, this pathbreaking book will be warmly welcomed by in-house counsel and law firms advising cross-border investors and firms; nongovernmental organizations involved in policy analysis and issue advocacy; researchers working on technical areas of international tax law; and lawyers interested in international policymaking, including the creation and diffusion of consensus-based fiscal and related regulatory norms across jurisdictions of differing development levels.

The Law of International Responsibility

Author : James Crawford
Publisher : Oxford University Press
ISBN 13 : 0199296979
Total Pages : 1364 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Law of International Responsibility by : James Crawford

Download or read book The Law of International Responsibility written by James Crawford and published by Oxford University Press. This book was released on 2010-05-20 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

Complicity and its Limits in the Law of International Responsibility

Author : Vladyslav Lanovoy
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259384
Total Pages : 446 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Complicity and its Limits in the Law of International Responsibility by : Vladyslav Lanovoy

Download or read book Complicity and its Limits in the Law of International Responsibility written by Vladyslav Lanovoy and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the responsibility of States and international organizations for complicity (aid or assistance) in an internationally wrongful act. Despite the recognition of responsibility for complicity as a rule of customary international law by the International Court of Justice, this book argues that the effectiveness and utility of this form of responsibility is fraught with systemic and operational limits. These limits include a lack of clarity in its constituent elements, its co-existence with primary rules prohibiting complicity and the obligations of due diligence, its implementation and the underlying causal tests, its uncertain relationship to other forms of shared and indirect responsibility, and its potential as a form of attribution of conduct. This book submits that the content and elements of this form of responsibility need adjustments to respond more effectively to the phenomenon of complicity in international affairs. Awarded The Paul Guggenheim Prize in International Law 2017!

Shared Obligations in International Law

Author : Nataša Nedeski
Publisher : Cambridge University Press
ISBN 13 : 1108898343
Total Pages : 245 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Shared Obligations in International Law by : Nataša Nedeski

Download or read book Shared Obligations in International Law written by Nataša Nedeski and published by Cambridge University Press. This book was released on 2022-07-21 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are various situations in which multiple states or international organizations are bound to an international obligation in the context of cooperative activities and the pursuit of common goals. This practical phenomenon of sharing international obligations raises questions regarding the performance of obligations (who is bound to do what) and international responsibility in case of a breach (who can be held responsible for what). This book puts forward a concept of shared obligations that captures this practical phenomenon and enables scholars and practitioners to tackle these questions. In doing so, it engages in positive law-based categorization and systematization, building on existing categorizations of obligations and putting forward new typologies of shared obligations. Ultimately, it is contended that the sharing of obligations has relevant legal implications: it can influence the content and performance of obligations as well as the responsibility relations that arise in case of a breach.

Serious Violations of Human Rights

Author : Ilia Siatitsa
Publisher : Oxford University Press
ISBN 13 : 0192677667
Total Pages : 272 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Serious Violations of Human Rights by : Ilia Siatitsa

Download or read book Serious Violations of Human Rights written by Ilia Siatitsa and published by Oxford University Press. This book was released on 2022-05-12 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the use of the expression 'serious violations of human rights', and similar ones, such as 'gross' or 'grave', in international practice. It highlights some of the recurring responses and consequences to such violations and suggests that a new special regime - eponymous to the above-mentioned expression - was formed. This special regime is understood as substantively limited to a very specific issue-area of human rights violations. Within this regime, a series of monitoring mechanisms and procedures are in place to highlight, document, and record such violations; specific measures are taken to enforce compliance; and certain consequences arise focused on remedying the victims of such violations. As such, this special regime is comprised of at least four thinly interconnected components: the substantive, the monitoring, the enforcement, and the remedial ones. This monograph constitutes a first step towards the recognition of such a regime, allowing far more constructive and coherent elaboration in the future. Practice around this category of violations may well evolve in a different direction than the one suggested here. However, what becomes apparent from this work is that the serious violations of human rights are a key notion in the international legal order as it allows the international community to depict those factual situations requiring its attention and action.

Accountability Of Peace Support Operations

Author : M. C. Zwanenburg
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004143505
Total Pages : 376 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Accountability Of Peace Support Operations by : M. C. Zwanenburg

Download or read book Accountability Of Peace Support Operations written by M. C. Zwanenburg and published by Martinus Nijhoff Publishers. This book was released on 2005-01-01 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Quis custodiet ipsos custodies? In other words, who guards the guardians? At a time when the mandate of many peace support operations includes halting violations of international humanitarian law by third parties, there is still a lack of clarity concerning accountability of peace support operations themselves. This book addresses that accountability, focusing on peace support operations under the command and control of the United Nations and the North Atlantic Treaty Organization. It is concerned with the accountability of international organizations as well as troops contributing and member states, but not of individuals. Drawing on existing and emerging doctrines of international law, including the law of state responsibility, the law of responsibility of international organizations, international institutional law and international humanitarian law, and on the basis of state practice, this book makes a strong plea for improving mechanisms to implement the accountability of peace support operations under international humanitarian law. The Paul Reuter Prize 2006 was awarded to Marten Zwanenburg for this book.

Legal Resolution of Nuclear Non-Proliferation Disputes

Author : James D. Fry
Publisher : Cambridge University Press
ISBN 13 : 1107658586
Total Pages : 515 pages
Book Rating : 4.1/5 (76 download)

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Book Synopsis Legal Resolution of Nuclear Non-Proliferation Disputes by : James D. Fry

Download or read book Legal Resolution of Nuclear Non-Proliferation Disputes written by James D. Fry and published by Cambridge University Press. This book was released on 2013-12-19 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: How viable is the resolution of nuclear non-proliferation disputes through the International Court of Justice and international arbitration? James Fry examines the compromissory clauses in the IAEA Statute, IAEA Safeguards Agreements and the Convention on the Physical Protection of Nuclear Material that give jurisdiction to these fora and analyses recent jurisprudence to demonstrate how legal resolution can handle such politically sensitive disputes. In sum, legal resolution of nuclear non-proliferation disputes represents an option that States and commentators have all too often ignored. The impartiality and procedural safeguards of legal resolution should make it an acceptable option for target States and the international community, especially vis-à-vis the procedural shortcomings and general heavy-handedness of Security Council involvement under UN Charter Chapter VII.

WTO Retaliation

Author : Michelle Limenta
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900012
Total Pages : 203 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis WTO Retaliation by : Michelle Limenta

Download or read book WTO Retaliation written by Michelle Limenta and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central point of this book concerns three main issues: the problems of WTO retaliation, the question of the effectiveness of retaliation, and the purposes of retaliation. WTO retaliation is often deemed ineffective due to its inherited shortcomings. This book highlights the significance in identifying the purposes of retaliation prior to evaluating its effectiveness. Put differently, it refers to the purpose-based approach of effectiveness. It is a common understanding that the purpose of WTO retaliation is to induce compliance. This book, nevertheless, argues in favour of coexistence of the multiple purposes of retaliation, including reaching a mutually agreeable solution. These views are based on the extensive research conducted on the purposes of WTO retaliation, namely through interpreting Article 22 of the DSU; examining the remedies rules within the frameworks of public international law, and law and economics; and assessing the academic writings/debates as well as the statements of arbitrators. Finally, by evaluating a number of disputes involving WTO retaliation, this book demonstrates the reasonableness and soundness of WTO retaliation in light of its multiple purposes.

Theories of Compliance with International Law

Author : Mark G. Burgstaller
Publisher : BRILL
ISBN 13 : 9047406761
Total Pages : 242 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Theories of Compliance with International Law by : Mark G. Burgstaller

Download or read book Theories of Compliance with International Law written by Mark G. Burgstaller and published by BRILL. This book was released on 2004-11-26 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines some of the most prominent contemporary theories of compliance with international law. It is argued that these theories ultimately rely on some political philosophy and that therefore their strengths and weaknesses can be traced back to those of the respective philosophical background. The approach finally taken is based on some recent empirical and theoretical research undertaken and as such provides new insights to the major works of the authors that are at the core of the discussion.

Treaties on Transit of Energy Via Pipelines and Countermeasures

Author : Danai Azaria
Publisher :
ISBN 13 : 0198717423
Total Pages : 337 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Treaties on Transit of Energy Via Pipelines and Countermeasures by : Danai Azaria

Download or read book Treaties on Transit of Energy Via Pipelines and Countermeasures written by Danai Azaria and published by . This book was released on 2015 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph examines the relationship between treaties providing for uninterrupted energy transit and countermeasures under the law of international responsibility. It analyses the obligations governing energy transit through pipelines in multilateral and bilateral treaties, looking at the WTO Agreement, the Energy Charter Treaty, and sixteen bespoke pipeline treaties. It argues that some transit obligations reflect the community interest of states parties. The analysis is placed in the historical and normative landscape of freedom of transit in international law. After setting out the content and scope of obligations concerning transit of energy, it distinguishes countermeasures from treaty law responses, and examines the dispute settlement and compliance supervision provisions in these treaties. Building on these findings, the work discusses the availability and lawfulness of countermeasures as, on the one hand, a means of implementing the transit states responsibility for interruptions of energy transit via pipelines; and, on the other hand, circumstances that preclude the wrongfulness of the transit states interruptions of transit.

The Problem of Enforcement in International Law

Author : Elena Katselli Proukaki
Publisher : Routledge
ISBN 13 : 1135232830
Total Pages : 351 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis The Problem of Enforcement in International Law by : Elena Katselli Proukaki

Download or read book The Problem of Enforcement in International Law written by Elena Katselli Proukaki and published by Routledge. This book was released on 2009-12-16 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. Elena Katselli Proukaki takes a detailed look at the issue of third-State countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-State countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the non-existence of a right to third-State countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic. In taking a thorough view of the issues involved the author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called to play in a contemporary context. This book is of great interest and value not only for specialists in this area of international law, but also human rights, trade and EU lawyers, practitioners, legal advisers, and students.

Research Handbook on Unilateral and Extraterritorial Sanctions

Author : Beaucillon, Charlotte
Publisher : Edward Elgar Publishing
ISBN 13 : 1839107855
Total Pages : 512 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Research Handbook on Unilateral and Extraterritorial Sanctions by : Beaucillon, Charlotte

Download or read book Research Handbook on Unilateral and Extraterritorial Sanctions written by Beaucillon, Charlotte and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy. This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions. Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.

Indirect Responsibility for Terrorist Acts

Author : Marja Letho
Publisher : BRILL
ISBN 13 : 9047444973
Total Pages : 532 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Indirect Responsibility for Terrorist Acts by : Marja Letho

Download or read book Indirect Responsibility for Terrorist Acts written by Marja Letho and published by BRILL. This book was released on 2009-10-12 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The roots of organized crime penetrate deep into the normal operations of society, its economic and financial patterns, sometimes also its bureaucracy and ideological apparatuses. Drug trafficking, traffic in persons or terrorist networks could not exist if they did not engage large groups of people and routine patterns of social and economic behaviour. Often the “indirect” actors remain hidden, however, and beyond the reach of the arm of the law. In an analogical way, “terrorism” emerges from and is sustained by a wide network of ideological, economic, financial and other actors and activities. Marja Lehto maps in this work the way in which international legal regulation, particularly the new conventions adopted within the UN after 1996 ,have sought to extend international responsibility beyond the groups of immediate perpetrators, to the sources or incitation, recruitment, and financing of terrorist activities.She also deals with some of the thorniest questions in the field along the way – from the significance and difficulties in the of efforts to define “terrorism” to the need for a “general part” of international criminal law, and the role of a political organ – the United Nations Security Council – in preventing and punishing the crime of terrorism..This carefully crafted, insightful and hugely relevant study not only fulfils a gap in the existing literature but does so with analytical precision, bearing simultaneously in mind the important political and theoretical, even philosophical implications of this contentious topic. “Few topics have generated more international law writing in recent years, both scholarly and polemical, than terrorism. [...] So it is a genuinely welcome surprise when someone brings out a study that has a fresh angle on the topic, and all the more so if the writer not only fulfils what appears like an obvious gap in existing literature but does that with analytical precision, bearing simultaneously in mind the important political and theoretical, even philosophical implications of this contentious topic. This is what Marja Lehto does in this carefully crafted, insightful and hugely relevant study of what she suggests we call ‘indirect responsibility’ for terrorist acts.” Martti Koskenniemi, Academy Professor (University of Helsinki)

The Interpretation and Application of the European Convention of Human Rights

Author : Malgosia Fitzmaurice
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004242813
Total Pages : 304 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Interpretation and Application of the European Convention of Human Rights by : Malgosia Fitzmaurice

Download or read book The Interpretation and Application of the European Convention of Human Rights written by Malgosia Fitzmaurice and published by Martinus Nijhoff Publishers. This book was released on 2012-12-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of international law