The Institute of International Law's Resolution on State Succession and State Responsibility PDF Download
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Author: Marcelo G. Kohen
Publisher: Cambridge University Press
ISBN: 1108751385
Category : Law
Languages : en
Pages : 191
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Book Description
Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.
Author: Marcelo G. Kohen
Publisher: Cambridge University Press
ISBN: 1108751385
Category : Law
Languages : en
Pages : 191
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Book Description
Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.
Author: United Nations. International Law Commission
Publisher: Cambridge University Press
ISBN: 9780521013895
Category : Law
Languages : en
Pages : 428
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Book Description
In 2001 the International Law Commission completed its work on State responsibility, begun 40 years previously. The Articles on Responsibility of States for Internationally Wrongful Acts marks a major step in the codification and progressive development of international law, comparable in significance to the Vienna Convention on the Law of Treaties. The Articles cover such topics as attributing conduct to the State; defining when there has been a breach of international law and the excuses or justifications for breaches; reparation for injustices, the invocation of responsibility, especially standing of States in the public interest, and the rules relating to countermeasures. The Articles develop basic concepts of international law, in particular peremptory norms and obligations to the international community as a whole. They signal definitively how international law has moved away from a purely bilateral conception of responsibility to accommodate categories of general public interest (human rights, the environment etc.).
Author: Patrick Dumberry
Publisher: BRILL
ISBN: 9047420667
Category : Law
Languages : en
Pages : 540
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Book Description
The break-up of the Soviet Union, Yugoslavia and Czechoslovakia and the unification of Germany in the 1990s marked the dramatic return to center stage in international law of the issue of State succession. This book deals with one particularly controversial aspect of State succession that until now has not received much attention: the question of State succession to international responsibility. In State Succession to International Responsibility the international lawyer and scholar Patrick Dumberry addresses the question, critical for our times, whether or not a new State may be held responsible for wrongful acts committed before its independence by the predecessor State. He also considers the reverse situation: whether or not a new State may claim reparations for wrongful acts committed before its independence by third parties and which affected the predecessor State or one of its nationals. State Succession to International Responsibility contains the most comprehensive analysis ever published of doctrine and State practice related to these questions. It is the first attempt to examine systematically State conduct, both historical and modern, with a view to identifying the factors and circumstances under which rights and obligations of a predecessor State may be transferred to a new State. Winner 2008 ASIL Certificate of Merit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.
Author: James Crawford
Publisher: Cambridge University Press
ISBN: 0521822661
Category : Law
Languages : en
Pages : 907
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Book Description
This book reviews the responsibility of states for acts contrary to international law and examines the connections between institutions, rules and practice.
Author: Marcelo G. Kohen
Publisher: Cambridge University Press
ISBN: 9780521849289
Category : Law
Languages : en
Pages : 560
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Book Description
This book is a comprehensive study of secession from an international law perspective.
Author: Alan E. Boyle
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 372
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Book Description
1. Introduction 2. Participants in International Law-making 3. Multilateral Law-making Processes 4. Codification and Progressive Development of International law 5. Law-making Instruments 6. The Role of Courts.
Author: Patrick Dumberry
Publisher: BRILL
ISBN: 9004703810
Category : Law
Languages : en
Pages : 534
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Book Description
In the context of the break-up of the Soviet Union and Yugoslavia, the independence of Montenegro and the unification of Germany, can a new State be held responsible for wrongful acts committed before its independence by the predecessor State? This book is the most comprehensive analysis of State practice, case law and scholarship identifying the factors and circumstances under which the rights and obligations arising from wrongful acts committed before independence can be transferred to a new State. This updated and revised second edition covers new developments, including the recent works of the International Law Commission and the Institute of International Law.
Author: Helmut Philipp Aust
Publisher: Cambridge University Press
ISBN: 1139499629
Category : Law
Languages : en
Pages : 521
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Book Description
This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.
Author: Grega Pajnkihar
Publisher: BRILL
ISBN: 9004679413
Category : Law
Languages : en
Pages : 403
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Book Description
Ongoing work of the International Law Commission on State succession with respect to State responsibility begs the question: how does this new matter fit into the broader concept of State succession? This book presents a detailed analysis of the complete codified field of State succession, with new observations and the relevant elements of State responsibility. Dr. Grega Pajnkihar provides insight into how these two areas of international law are interlinked and why State responsibility should not be treated differently from other matters of succession.
Author: Patrick Dumberry
Publisher: Edward Elgar Publishing
ISBN: 1788116615
Category : Law
Languages : en
Pages : 515
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Book Description
A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.
