Suchergebnisse

1. Introduction -- 2. The Origins of Complicity in International Law -- 3. The Regimes of Complicity in International Law -- 4. The ILC Rules on Responsibility for Complicity -- 5. Establishing Responsibility for Complicity -- 6. Legal Consequences and Implementation of Responsibility for Complicity -- 7. Complicity as a Basis of Attribution of Conduct -- 8. Conclusion

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.

ÖZET'Havayolu ile Taşıyanın Uluslarası Hukukta, Avrupa Hukukunda, ve Türk Hukukunda Sorumluluğu' başlığı altındaki bu tezi yazmaktaki amacım hava taşıyanın sorumluluğunu Uluslarası hukuk, Türk hukuku ve Avrupa Birliği hukuku açısından karşılaştırmalı olarak incelemektir. Yedi bölümde ele alınan bu tez, hava taşımacılığı geniş bir çalışma alanını kapsadığından, esas olarak hava yük taşıyanının sorumluluğunu incelemektedir. Bu nedenle çalışmanın amacı öncelikle 1929 Varşova Konvansiyonu ile düzenlenen uluslararası havayolu ile yük taşımacılığıdır. Çalışmanın birinci bölümünde uluslararası sivil havacılıkta havayolu ile taşıyanın sorumluluğunun gelişimini, La Haye 1955 Protokolünden başlayarak 1999 Montreal Konvansiyonuna kadar olan Varşova Konvansiyonun tarihi gelişimini temel kaynaklarını, yapılan değişikleri incelenmektedir. Ayrıca bu bölümde Intercarrier Agreements (Taşıyanlar arası anlaşmalar) ve Avrupa Birliği tüzükleri incelenmektedir. İkinci bölümde Türk Sivil Havacılık Kanunu ele alınmaktadır. Üçüncü bölümde, havayolu ile yük taşıma sözleşmesi ve hava yük senedi incelenmaktedir. Dördüncü bölümde, taşıyanın borçları ve hakları ele alınmaktadır. Beşinci bölümde, taşıtanın hak ve borçları ele alınmaktadır. Altıncı bölümde, gönderilenin hak ve borçları ele alınmaktadır. Yedinci ve son bölümde, taşıyanın sorumluluğu, sorumluluk halleri ve şartları, sorumluluğun sınırlandırılması, sınırsız sorumluluk ve sorumluluk davası incelenmektedir. ABSTRACTWith this research under the title "Air Carrier Liability in International Law, European Law and in Turkish Law' my purpose is to analyze liability of the carrier by air by comparing and contrasting the International and Turkish law and the European Union Legislation.The thesis, which is organized in seven parts, examines mainly the liability of the air cargo carrier, since the air transport covers a large concept of study. Therefore, the object of this study is the uniform law governing international carriage by air during international transportation of cargo which is primarily regulated by the Warsaw Convention, 1929. The first part of the thesis looks the evolution of the concept of air carrier liability in international law of civil aviation, the history of the Warsaw Convention including basic sources and subsequent amendments to the Warsaw Convention beginning from the Hague Protocol 1955 to the Montreal Convention 1999. It is also dealing with the Intercarrier Agreements and European Regulations. The second part deals with Turkish Civil Aviation Act. The third part deals with the contract for the carriage of cargo by air, and the air waybill. The fourth part deals with the rights and obligations of the carrier. The fifth part deals with rights and obligations of the consignor. The sixth part deals with the rights and obligations of the consignee. The seventh and last part deals with the liability of the carrier, liability grounds and conditions, principles of limitation of liability, unlimited liability and liability suit.

The International Law Commission of the United Nations is currently studying a topic entitled "International Liability for Injurious Consequences Arising out of Acts Not Prohibited by International Law" (hereinafter "international liability" or "topic"). That topic has proven to be as serpentine as its title suggests and consequently is difficult to define. It is generally understood as encompassing, in particular, harmful transnational environmental effects of internationally lawful activities. This aspect alone has made the topic increasingly important, as demands on resources have intensified, technological advances have given rise to threats of widespread and even catastrophic transboundary harm, and the international community has grown more interdependent in other ways.

This book offers the first 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.

The defences available to an agent accused of wrongdoing can be considered as justifications (which render acts lawful) or excuses (which shield the agent from the legal consequences of the wrongful act). This distinction is familiar to many domestic legal systems, and tracks analogous notions in moral philosophy and ordinary language. Nevertheless, it remains contested in some domestic jurisdictions where it is often argued that the distinction is purely theoretical and has no consequences in practice. In international law too the distinction has been fraught with controversy, though there are increasing calls for its recognition. This book is the first to comprehensively and thoroughly examine the distinction and its relevance to the international legal order. Combining an analysis of State practice, historical, doctrinal and theoretical developments, the book shows that the distinction is not only possible in international law but that it is also one that would have important practical implications

Defence date: 3 March 2015 ; Examining Board: Professor Martin Scheinin, European University Institute (Supervisor); Dr Markus Gehring, University of Cambridge (External Supervisor); Professor Marise Cremona, European Universtiy Institute; Professor Frédéric Mégret, McGill University. ; The Intergovernmental Panel on Climate Change (IPCC) has stated in numerous reports that unless urgent action is taken to curb the emission of greenhouse gases, irreparable damage will be done to the Earth's ecosystems, with major implications for human rights. The IPCC's reports also demonstrate that developing nations are most severely affected by the consequences of climate change, whereas developed nations have reaped the most benefits from the greenhouse gas-producing activities that led to climate change. This thesis considers the relevance of international human rights law to this equity challenge, paying particular attention to the inter-relationship between international human rights law, the United Nations Framework Convention on Climate Change (UNFCCC) and the general law of State responsibility. The rules of attribution contained in the general law of State responsibility are used to explain how action and inaction that contributes to climate change can be attributed to States. The analysis of substantive rules leads us to believe that the UNFCCC and its Kyoto Protocol provide minimum standards of protection against dangerous climate change, the breach of which is likely to interfere with the enjoyment of human rights. Accordingly, a breach of the substantive provisions of the UNFCCC or the Kyoto Protocol could highlight a violation of human rights obligations related to climate change. The integrative approach presented in the thesis potentially enhances the effectiveness of each framework, as it leads to more specific standards of care for individual States as well as a broader framework for enforcing obligations.

The principle of actio libera in causa or the effect of a perpetrator's voluntary intoxication on the existence of a criminal act is controversial in international criminal law. The present legislation, as contained in the Rome Statute, is a compromise between different legal systems. It allows the exclusion of a criminal act based on the fact that the perpetrator was involuntarily intoxicated and he or she cannot be ascribed guilt for the act of intoxication and the criminal act. In the Rome Statute the actio libera in causa principle has three elements, composed similarly of the insanity defence due to biological (intoxication), or psychological (the inability to control actions or understand their consequences), and the third negative condition (nonexistence of guilt for the criminal act). The Rome Statute does not deal with diminished mental capacity due to intoxication and also does not contain stipulations regarding the conditions of a generally diminished mental capacity. I propose that the International Criminal Court finds support in the above-mentioned three elements of the principle of actio libera in causa by acknowledging that a perpetrator's capacity to understand or control his or her actions is partially diminished, not totally absent.