Suchergebnisse

The law of international responsibility, a classic area of investigation in international law, has been attracting an ever increasing interest in recent times, as reflected also in the work of the International Law Commission on State responsibility and on responsibility of international organizations. The exploration of current trends in this important area is therefore an appropriate and timely subject for a book in memory of Oscar Schachter, a former United Nations official, Columbia Law School professor, ASIL President, and international lawyer of world-wide reputation, who died in December 2003. The editor of the book has assembled a team of thirty-six prominent international lawyers belonging to twenty different nationalities to write about 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. The result of this effort is a monographic volume (enriched by a biography and a list of publications of Oscar Schachter, and accompanied by a bibliography of all the works cited in the various contributions and an index for easier consultation), which will be of interest not only to the many admirers and friends of Oscar Schachter around the world, but also, more broadly, to international law academics and practitioners

This article focuses on the liability issues arising from the Fukushima nuclear disaster. The radioactivity released from the Fukushima Dai-ichi Nuclear Power Plant inflicted catastrophic harm to people, industries, and the environment. Under Japanese law, a nuclear operator bears strict, channeling, and unlimited liability for nuclear damage unless the damage is caused by a grave natural disaster of an exceptional character. This article concludes the Great East Japan Earthquake and tsunami that triggered this nuclear accident do not fall within this exemption because neither of them were unforeseeable nor far beyond the design basis for the reactors at the plant. Therefore, Tokyo Electric Power Company ("TEPCO") must compensate any damages if the nuclear accident is the legally sufficient cause of them. Additionally, this article argues two entities should be legally responsible for the Fukushima nuclear disaster. The Government of Japan can be liable for the nuclear damage if it failed to exercise its regulatory power over the Tokyo Electric Power Company or if its errant acts expanded the damage. General Electric, the designer of the reactors at the plant, might also be liable for the nuclear damage under U.S. law, assuming the reactors had any weaknesses in their design.

The Government Emergency Ordinance no. 195/2005 on the protection of the environment1, stipulates in art. 95: (1) liability for damage to the environment has an objective character, independent of guilt. In case of several authors, the liability is a joint responsibility; (2) as an exception, liability is subjective for the prejudice caused to protected species and to natural habitats, in accordance with the specific regulations; (3) the prevention and remedy of the damage done to the environment are carried out in accordance with the provisions of the present emergency ordinance and specific regulations. From this text, it results that the rule in environmental law is represented by objective liability, independent of guilt (and the exception is subjective liability) and joint liability (in case of plurality of authors). Objective liability and joint liability are the expression of the fundamental "polluter pays" principle (stipulated under art. 3 letter e of GEO no. 195/2005 on the protection of the environment), actually meeting the needs of the victim who, on the one hand does not have to prove the guilt of the doer and, on the other hand, in case of plurality of authors, has the possibility to claim full remedy for damage from any of them. Keyword: ecological prejudice; the abuse of right; the damage risk; the guarantee theory

State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.

Introduction -- Delimiting the subject : promise as a unilateral act -- A history of promises -- The law on promises -- Looking ahead : a 'promising' future?

Armed groups have played a predominant role in the violations of international humanitarian law and international human rights law committed in conflict settings. The increase in the number of non-international armed conflicts during the past decades has emphasised the need to address the multiple legal challenges posed by the actions of armed groups. In particular, there is considerable uncertainty regarding the framework of responsibility for armed groups in international law. While much has been written regarding their international (primary) obligations, the possibility of developing a responsibility framework for armed groups under international law has been underexplored. Consequently, the aim of this book is to examine how the principles of international responsibility could be developed and adjusted to account for armed groups as collective entities. This general aim has been divided into three specific objectives. First, the book analyses the concept of responsibility in international law and assesses the legal and practical reasons in favour of developing such a regime for armed groups. Second, it examines the viability of establishing a responsibility regime for armed groups based on rules of attribution. Third, it explores the possible legal consequences of responsibility applicable to armed groups, with a particular focus on the obligation to provide reparations to victims. In doing so, this book will argue that certain non-traditional sources of international law could be used to interpret and adapt international law to the current conditions of contemporary armed conflict.

This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order

"The last decade has witnessed an increasing focus on the relationship between climate change and human rights. Several international human rights bodies have expressed concern about the negative implications of climate change for the enjoyment of human rights, and the Paris Agreement is the first multilateral climate agreement to refer explicitly to states' human rights obligations in connection with climate change. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for climate action or inaction. As the Paris Agreement has shifted the focus of the climate change regime towards voluntary action, and the humanitarian impacts of climate change are increasingly being felt around the world, accountability for climate change has become an increasingly salient issue. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world"--Bloomsbury Publishing