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 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.

"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

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.

"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"

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

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.