Analytical preliminaries -- The lack of direct effect of DSB rulings -- Dispensability of direct effect for EU liability -- DSB ruling and the protection of individual rights -- Identifiability of and individual right -- Further liability requirements -- Damage claims and fundamental rights -- Analytical foundations -- Compensation of financial losses and over-deterrence -- Liability rule and incentives -- Introduction -- Responsibility of Union and Member States for breaches of mixed investment agreements -- Internal allocation of financial responsibility within the EU
The definition of responsibility in International law / Alain Pellet -- The system of International responsibility -- James Crawford -- Primary and secondary rules / Eric David -- The development of the law of responsibility through the case law / Patrick Daillier -- Doctrines of state responsibility / Martti Koskenniemi -- Private codification efforts / Lucie Laithier -- The Hague conference of 1930 / Clémentine Bories -- The work of García Amador on state responsibility for injury caused to aliens / Daniel Müller -- The ILC's articles on state responsibility for internationally wrongful acts and related texts / Alain Pellet -- Liability for injurious consequences of acts not prohibited by international law / Alan Boyle -- The law of responsibility and the law of treaties / Joe Verhoeven -- Responsibility and the United Nations charter / Vera Gowlland-Debbas -- Leges speciales and self-contained regimes / Bruno Simma and Dirk Pulkowski -- The concept of 'soft responsibility'? / Jean-Marc Sorel -- Relations between the International law of responsibility and responsibility in municipal law / Pierre-Marie Dupuy -- Overview of part one of the articles on state responsibility / Gilbert Guillaume -- The elements of an internationally wrongful act / Brigitte Stern -- The rules of attribution : general considerations / Luigi Condorelli and Claus Kress -- Attribution of conduct to the state / Djamchid Momtax -- Attribution of conducto to multiple states and the implication of a state in the act of another state / Christian Doninicé
This is the third 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. Recognising that the applicable rules and procedures for shared responsibility may differ between particular issue areas, this volume reviews the practice of states, international organisations, courts and other bodies that have dealt with the issue of international responsibility of multiple wrongdoing actors in a wide range of issue areas, including energy, extradition, investment law, NATO-led operations and fisheries. These analyses jointly assess the fit of the prevailing principles of international responsibility and provide a basis for reform and further development of international law.