Suchergebnisse

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 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"--

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

"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"

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.

This book examines the relationship between governments and international organizations under international law. After surveying the policing powers of international organizations under international law, it illustrates some normative aspects of law that distinguish regulation from enforcement via study of recent legal cases before international judicial bodies. According to Dimitris Liakopoulos's expert analysis, if the two provisions codify the same general rule, the peculiarities of the relationship between an international organization and individual governments mean that sanctions decline when measured against the hypothesis that the latter facilitate an organization's violation of its obligations to all. The book concludes with peculiarities in the enforcement of international law by international organizations.--Amazon.com