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Author: Elena Katselli Proukaki
Publisher: Routledge
ISBN: 1135232830
Category : Law
Languages : en
Pages : 351
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Book Description
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.
Author: Elena Katselli Proukaki
Publisher: Routledge
ISBN: 1135232830
Category : Law
Languages : en
Pages : 351
Get Book Here
Book Description
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.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The evolution of the concepts of jus cogens norms and obligations owed to the international community as a whole has had a strong impact on the work of the International Law Commission for the codification of the law on State responsibility. The acceptance that not all primary international norms were of the same gravity or significance because of the nature of the rights they seek to protect could not but influence the legal consequences to derive from the violation of such norms. However, the categorization of internationally wrongful acts to serious and less serious raises significant questions concerning the enforcement of these 'superior' norms, but also the subjects entitled to invoke the responsibility of the wrongdoing State in case of their infringement. Yet, the adoption of the 2001 Final Articles on State Responsibility has far from concluded the debate over the entitlement of States other than the individually injured to resort to countermeasures. Whilst the ILC has found that State practice supporting a right to third-State countermeasures in response to the violation of these collective interests is still inconclusive, Article 54, which makes a general reference to "lawful measures" rather than "countermeasures", leaves the settlement of the issue to the further development of international law. The question of third-State countermeasures becomes even more compelling in the absence of effective and compulsory mechanisms for the protection and enforcement of the most fundamental interests of the international community. The current research attempts to unfold the notion of third-State countermeasures as explored in the work of the ILC and as developed in international theory and practice. Most important, and in view of the possibility of the recognition of a right to third-State countermeasures in the future, this work places particular emphasis on the need of restraint, and in particular on the principle of proportionality.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 317
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Book Description
Author: Elena Katselli Proukaki
Publisher: Routledge
ISBN: 1135232849
Category : Law
Languages : en
Pages : 354
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Book Description
This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. The volume addresses both the theory and practice of third-State countermeasures within international law and critically assesses the work the International Law Commission has done in this area. 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. In taking a thorough view of the issues involved, 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 on to play in a contemporary context.
Author: Martin Dawidowicz
Publisher: Cambridge University Press
ISBN: 1107014794
Category : Law
Languages : en
Pages : 463
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Book Description
This book examines an important unresolved question of current international law: the legal position of third-party countermeasures.
Author: Onuma Yasuaki
Publisher: Cambridge University Press
ISBN: 1107024730
Category : Law
Languages : en
Pages : 733
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Book Description
This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
Author: Katja Creutz
Publisher: Cambridge University Press
ISBN: 1108788696
Category : Law
Languages : en
Pages : 379
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Book Description
State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.
Author: United Nations. International Law Commission
Publisher: Cambridge University Press
ISBN: 9780521013895
Category : Law
Languages : en
Pages : 428
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Book Description
Note on sources and style
Author: James Crawford
Publisher: Oxford University Press
ISBN: 0199296979
Category : Law
Languages : en
Pages : 1364
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Book Description
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.
Author: Maurizio Ragazzi
Publisher: Martinus Nijhoff Publishers
ISBN: 9004256083
Category : Business & Economics
Languages : en
Pages : 515
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Book Description
In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.
