This work covers different aspects of the law of international responsibility, from general issues to specific areas of the law (including responsibility before international courts and tribunals), with respect to both the law of State responsibility and responsibility of international organizations and other non-State actors
Zugriffsoptionen:
Die folgenden Links führen aus den jeweiligen lokalen Bibliotheken zum Volltext:
Due Diligence in International Law identifies due diligence as the missing link between state responsibility and international liability. Acknowledged in all legal fields, it ensures international peaceful cooperation and prevents significant transboundary harm, yet it has thus far not been comprehensively discussed in literature. The present volume fills this void. Kulesza identifies due diligence as a principle of international law and traces its evolution throughout centuries. The no-harm principle, key to identifying responsibility for transboundary harm, focal to international environmental law and applicable to e.g. combating terrorism, follows states' obligation of due diligence in preventing foreign harm. This obligation, present in various treaty-based and customary regimes is argued to be a principle of international public law applicable to all obligations of conduct.
On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm
Verfügbarkeit an Ihrem Standort wird überprüft
Dieses Buch ist auch in Ihrer Bibliothek verfügbar:
This Note contributes to the literature in three ways. Part I of this Note defines and describes the targeted context, provides examples of state/municipal delegation, discusses the underlying tension between vindicating federal rights and respecting states' rights to structure their own internal governance, and observes that courts have taken a nuanced approach to resolving this tension analogous to § 1983's standards supervisory liability. Part II describes judicial approaches to state/municipal liability and analyzes two proposed theoretical frameworks. Part III examines the history and function of § 1983's "supervisory liability" standards, looks at recent state/municipal delegation cases through the lens of supervisory liability, and argues for the adoption of an analogous standard to govern state/municipal delegation.
This title is a comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.
Zugriffsoptionen:
Die folgenden Links führen aus den jeweiligen lokalen Bibliotheken zum Volltext:
The distinction between responses to the breach of a treaty according to the law of treaties and the law of state responsibility -- Common elements and tension between responses to breach of a treaty -- The breach of a treaty -- States entitled to respond -- Procedural conditions -- The substance of responses -- The relationship between responses to the breach of a treaty in international jurisprudence -- The relationship between responses to the breach of a treaty in state practice -- The relationship between responses to breach according to general international law and lex specialis.
Copyright /Author: Maria Xiouri -- Preface /Author: Maria Xiouri -- Acknowledgments /Author: Maria Xiouri -- Table of Cases and Their Abbreviations /Author: Maria Xiouri -- Table of Treaties /Author: Maria Xiouri -- Table of United Nations Documents and Other Primary Sources /Author: Maria Xiouri -- Abbreviations /Author: Maria Xiouri -- Note on Citation and Method /Author: Maria Xiouri -- Introduction /Author: Maria Xiouri -- Part 1 The Notion of Responses to the Breach of a Treaty in International Law /Author: Maria Xiouri -- Chapter 1 The Distinction between Responses to the Breach of a Treaty According to the Law of Treaties and the Law of State Responsibility /Author: Maria Xiouri -- Chapter 2 Common Elements and Tension between Responses to Breach of a Treaty /Author: Maria Xiouri -- Part 2 The Legal Regime of Responses to the Breach of a Treaty /Author: Maria Xiouri -- Chapter 3 The Breach of a Treaty /Author: Maria Xiouri -- Chapter 4 States Entitled to Respond /Author: Maria Xiouri -- Chapter 5 Procedural Conditions /Author: Maria Xiouri -- Chapter 6 The Substance of Responses /Author: Maria Xiouri -- Part 3 The Relationship between Responses to the Breach of a Treaty in Practice /Author: Maria Xiouri -- Chapter 7 The Relationship between Responses to the Breach of a Treaty in International Jurisprudence /Author: Maria Xiouri -- Chapter 8 The Relationship between Responses to the Breach of a Treaty in State Practice /Author: Maria Xiouri -- Chapter 9 The Relationship between Responses to Breach According to General International Law and Lex Specialis /Author: Maria Xiouri -- Conclusion /Author: Maria Xiouri -- Appendix Information on the 2015 Questionnaire /Author: Maria Xiouri -- Bibliography /Author: Maria Xiouri -- Index /Author: Maria Xiouri.
Zugriffsoptionen:
Die folgenden Links führen aus den jeweiligen lokalen Bibliotheken zum Volltext:
This book brings together the updated papers presented at a conference to commemorate the 40th anniversary of the conclusion of the Vienna Convention on the Law of Treaties. The collection consists of nine articles by prominent scholars, who are all in some way related to the Lauterpacht Centre for International Law at Cambridge University. As the interplay between state responsibility and treaty law becomes more and more important, a book dealing with this topic cannot fail to be of interest
Zugriffsoptionen:
Die folgenden Links führen aus den jeweiligen lokalen Bibliotheken zum Volltext: