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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

The law governing unilateral declarations of intention by states is far from clear. This monograph fills a gap in international legal scholarship by raising and answering the question of the precise legal value of such pledges in the realm of public international law.

"The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike"--

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.

"International responsibility law today is in great need of theorizing, or, at least, that is the present volume's argument. This introduction sets the stage for that argument. It unfolds in four steps: first, it clarifies the reasons that led to putting this collection of essays together and explains what it hopes to achieve; second, it introduces the main theoretical challenges addressed in the volume; third, it provides some information about how the book is organized; and, finally, it sketches out the content of its successive chapters and their articulation"

This is the second book in the series Shared Responsibility in International Law, which examines the problem of distribution of responsibilities among multiple states and other actors. In its work on the responsibility of states and international organisations, the International Law Commission recognised that attribution of acts to one actor does not exclude possible attribution of the same act to another state or organisation. However, it provided limited guidance for the often complex question of how responsibility is to be distributed among wrongdoing actors. This study fills that gap by shedding light on principles of distribution from extra-legal perspectives. Drawing on disciplines such as political theory, moral philosophy, and economics, this volume enquires into the bases and justifications for apportionment of responsibilities that can support a critique of current international law, offers insight into the justification of alternative interpretations, and provides inspiration for reform and further development of international law

Half Title -- Series Information -- Title Page -- Copyright Page -- Contents -- Preface -- Acknowledgments -- Table of Cases and Their Abbreviations -- Table of Treaties -- Table of United Nations Documents and Other Primary Sources -- Abbreviations -- Note on Citation and Method -- Introduction -- 1 The Significance and Purpose of This Study -- 2 Scope of the Study -- 3 Outline of the Study -- 4 Terminology -- Part 1 The Notion of Responses to the Breach of a Treaty in International Law -- Chapter 1 The Distinction between Responses to the Breach of a Treaty According to the Law of Treaties and the Law of State Responsibility -- 1.1 Introduction -- 1.2 State Responses to the Breach of a Treaty in Early International Law -- 1.3 The Separate Codification of Responses to the Breach of a Treaty in the vclt and asr and Their Mutual Exclusion -- 1.3.1 Art 60 vclt and Its Customary International Law Character -- 1.3.2 Art 49 asr and Its Customary International Law Character -- 1.3.3 Exclusion of Issues of Responsibility from the vclt and Irrelevance of the Origin of the Obligation for the Purposes of Responsibility in the asr: No Separate Regime of Responsibility for Breach of a Treaty -- 1.3.4 Exclusion of Issues Regarding the Law of Treaties from the asr: The Distinction between Primary and Secondary Rules of International Law -- 1.4 Conceptual Differences between the Termination of a Treaty or the Suspension of Its Operation and Countermeasures -- 1.4.1 Legal Effect on the Treaty -- 1.4.2 Purpose -- 1.5 Concluding Observations -- Chapter 2 Common Elements and Tension between Responses to Breach of a Treaty -- 2.1 Introduction -- 2.2 Common Feature: Responses to the Breach of a Treaty -- 2.3 The Principles of Reciprocity and Proportionality -- 2.4 The Tension between the Suspension of the Operation of a Treaty and Countermeasures.