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pt. 1. Historical evolution -- pt. 2. General theory of international responsibility -- pt. 3. Consequences of an internationally wrongful act -- pt. 4. Criminalizing state responsibility -- pt. 5. Injuries to aliens -- pt. 6. Critical perspectives on state responsibility.

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.

There is no issue more central to a legal order than responsibility, and yet the dearth of contemporary theorizing on international responsibility law is worrying for the state of international law. The volume brings philosophers of the law of responsibility into dialogue with international responsibility law specialists. Its tripartite structure corresponds to the three main theoretical challenges in the contemporary practice of international responsibility law: the public and private nature of the international responsibility of public institutions; its collective and individual dimensions; and the place of fault therein. In each part, two international lawyers and two philosophers of responsibility law address the most pressing questions in the theory of international responsibility law. The volume closes with a comparative 'world tour' of the responsibility of public institutions in four different legal cultures and regions, identifying stepping-stones and stumbling blocks on the path towards a common law of international responsibility

"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.

This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding. The concise chapters are organized into two parts. Part One provides a structural overview of the law, with up-to-date coverage of practice and case law reflecting the key international law reports. Part Two offers specific case studies, asking probing questions in order to explore how the international legal order deals with breaches of its norms and what rights and faculties are accorded to the aggrieved State. With an approach that is legally analytical yet also practical, this accessible book will provide valuable insights to both scholars and practitioners of international law. Its clear structure and guidance on the latest practice and case law will also make it an ideal choice for students

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.

Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that

Preliminary Materials -- Introduction -- Chapter One. Actionability Standards -- Chapter Two. International Criminal Law -- Chapter Three. Civil And Political Rights -- Chapter Four. Labor Standards -- Chapter Five. Environmental Destruction -- Chapter Six. Application To Tncs -- Chapter Seven. Norms That Can Be Violated Only by State Actors -- Chapter Eight. Norms That Can Be Violated by Everyone -- Chapter Nine. Corporate Shield -- Chapter Ten. Lack Of Personal Jurisdiction -- Chapter Eleven. Forum Non Conveniens -- Chapter Twelve. Nonjusticiability Issues -- Chapter Thirteen. Duress -- Bibliography -- Index.

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

In Lawfare, author Orde Kittrie draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of lawfare. Kittrie explains how factors including the increased reach of international laws and tribunals and the rise of economic globalization and information technology have fueled lawfare's increasing power and prevalence. The book includes case studies of recent offensive and defensive lawfare by the United States, China, all sides of the Israeli-Palestinian conflict, and several non-governmental organizations and individuals. Kittrie asserts that much of the United States' most effective and creative lawfare today is being waged by private sector or other non-governmental attorneys. He analyzes why this is the case, and describes how such attorneys' expertise and experience can contribute even more to U.S. national security. Kittrie also explains that lawfare, deployed more systematically and adeptly by the U.S. government, could likely reduce U.S. and foreign casualties, and save U.S. taxpayer dollars, by supplementing or replacing the use of armed force as a tool for achieving some significant U.S. national security objectives. Understanding this alternative to armed force has never been more important.