Suchergebnisse

On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm

This Note contributes to the literature in three ways. Part I of this Note defines and describes the targeted context, provides examples of state/municipal delegation, discusses the underlying tension between vindicating federal rights and respecting states' rights to structure their own internal governance, and observes that courts have taken a nuanced approach to resolving this tension analogous to § 1983's standards supervisory liability. Part II describes judicial approaches to state/municipal liability and analyzes two proposed theoretical frameworks. Part III examines the history and function of § 1983's "supervisory liability" standards, looks at recent state/municipal delegation cases through the lens of supervisory liability, and argues for the adoption of an analogous standard to govern state/municipal delegation.

Due Diligence in International Law identifies due diligence as the missing link between state responsibility and international liability. Acknowledged in all legal fields, it ensures international peaceful cooperation and prevents significant transboundary harm, yet it has thus far not been comprehensively discussed in literature. The present volume fills this void. Kulesza identifies due diligence as a principle of international law and traces its evolution throughout centuries. The no-harm principle, key to identifying responsibility for transboundary harm, focal to international environmental law and applicable to e.g. combating terrorism, follows states' obligation of due diligence in preventing foreign harm. This obligation, present in various treaty-based and customary regimes is argued to be a principle of international public law applicable to all obligations of conduct.

This title is a comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.

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.

Copyright /Author: Maria Xiouri -- Preface /Author: Maria Xiouri -- Acknowledgments /Author: Maria Xiouri -- Table of Cases and Their Abbreviations /Author: Maria Xiouri -- Table of Treaties /Author: Maria Xiouri -- Table of United Nations Documents and Other Primary Sources /Author: Maria Xiouri -- Abbreviations /Author: Maria Xiouri -- Note on Citation and Method /Author: Maria Xiouri -- Introduction /Author: Maria Xiouri -- Part 1 The Notion of Responses to the Breach of a Treaty in International Law /Author: Maria Xiouri -- Chapter 1 The Distinction between Responses to the Breach of a Treaty According to the Law of Treaties and the Law of State Responsibility /Author: Maria Xiouri -- Chapter 2 Common Elements and Tension between Responses to Breach of a Treaty /Author: Maria Xiouri -- Part 2 The Legal Regime of Responses to the Breach of a Treaty /Author: Maria Xiouri -- Chapter 3 The Breach of a Treaty /Author: Maria Xiouri -- Chapter 4 States Entitled to Respond /Author: Maria Xiouri -- Chapter 5 Procedural Conditions /Author: Maria Xiouri -- Chapter 6 The Substance of Responses /Author: Maria Xiouri -- Part 3 The Relationship between Responses to the Breach of a Treaty in Practice /Author: Maria Xiouri -- Chapter 7 The Relationship between Responses to the Breach of a Treaty in International Jurisprudence /Author: Maria Xiouri -- Chapter 8 The Relationship between Responses to the Breach of a Treaty in State Practice /Author: Maria Xiouri -- Chapter 9 The Relationship between Responses to Breach According to General International Law and Lex Specialis /Author: Maria Xiouri -- Conclusion /Author: Maria Xiouri -- Appendix Information on the 2015 Questionnaire /Author: Maria Xiouri -- Bibliography /Author: Maria Xiouri -- Index /Author: Maria Xiouri.

This book brings together the updated papers presented at a conference to commemorate the 40th anniversary of the conclusion of the Vienna Convention on the Law of Treaties. The collection consists of nine articles by prominent scholars, who are all in some way related to the Lauterpacht Centre for International Law at Cambridge University. As the interplay between state responsibility and treaty law becomes more and more important, a book dealing with this topic cannot fail to be of interest

1. Introduction -- 2. The Origins of Complicity in International Law -- 3. The Regimes of Complicity in International Law -- 4. The ILC Rules on Responsibility for Complicity -- 5. Establishing Responsibility for Complicity -- 6. Legal Consequences and Implementation of Responsibility for Complicity -- 7. Complicity as a Basis of Attribution of Conduct -- 8. Conclusion

This is the second 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. However, it provided limited guidance for the often complex question of how responsibility is to be distributed among wrongdoing actors. This study fills that gap by shedding light on principles of distribution from extra-legal perspectives. Drawing on disciplines such as political theory, moral philosophy, and economics, this volume enquires into the bases and justifications for apportionment of responsibilities that can support a critique of current international law, offers insight into the justification of alternative interpretations, and provides inspiration for reform and further development of international law.

ÖZET'Havayolu ile Taşıyanın Uluslarası Hukukta, Avrupa Hukukunda, ve Türk Hukukunda Sorumluluğu' başlığı altındaki bu tezi yazmaktaki amacım hava taşıyanın sorumluluğunu Uluslarası hukuk, Türk hukuku ve Avrupa Birliği hukuku açısından karşılaştırmalı olarak incelemektir. Yedi bölümde ele alınan bu tez, hava taşımacılığı geniş bir çalışma alanını kapsadığından, esas olarak hava yük taşıyanının sorumluluğunu incelemektedir. Bu nedenle çalışmanın amacı öncelikle 1929 Varşova Konvansiyonu ile düzenlenen uluslararası havayolu ile yük taşımacılığıdır. Çalışmanın birinci bölümünde uluslararası sivil havacılıkta havayolu ile taşıyanın sorumluluğunun gelişimini, La Haye 1955 Protokolünden başlayarak 1999 Montreal Konvansiyonuna kadar olan Varşova Konvansiyonun tarihi gelişimini temel kaynaklarını, yapılan değişikleri incelenmektedir. Ayrıca bu bölümde Intercarrier Agreements (Taşıyanlar arası anlaşmalar) ve Avrupa Birliği tüzükleri incelenmektedir. İkinci bölümde Türk Sivil Havacılık Kanunu ele alınmaktadır. Üçüncü bölümde, havayolu ile yük taşıma sözleşmesi ve hava yük senedi incelenmaktedir. Dördüncü bölümde, taşıyanın borçları ve hakları ele alınmaktadır. Beşinci bölümde, taşıtanın hak ve borçları ele alınmaktadır. Altıncı bölümde, gönderilenin hak ve borçları ele alınmaktadır. Yedinci ve son bölümde, taşıyanın sorumluluğu, sorumluluk halleri ve şartları, sorumluluğun sınırlandırılması, sınırsız sorumluluk ve sorumluluk davası incelenmektedir. ABSTRACTWith this research under the title "Air Carrier Liability in International Law, European Law and in Turkish Law' my purpose is to analyze liability of the carrier by air by comparing and contrasting the International and Turkish law and the European Union Legislation.The thesis, which is organized in seven parts, examines mainly the liability of the air cargo carrier, since the air transport covers a large concept of study. Therefore, the object of this study is the uniform law governing international carriage by air during international transportation of cargo which is primarily regulated by the Warsaw Convention, 1929. The first part of the thesis looks the evolution of the concept of air carrier liability in international law of civil aviation, the history of the Warsaw Convention including basic sources and subsequent amendments to the Warsaw Convention beginning from the Hague Protocol 1955 to the Montreal Convention 1999. It is also dealing with the Intercarrier Agreements and European Regulations. The second part deals with Turkish Civil Aviation Act. The third part deals with the contract for the carriage of cargo by air, and the air waybill. The fourth part deals with the rights and obligations of the carrier. The fifth part deals with rights and obligations of the consignor. The sixth part deals with the rights and obligations of the consignee. The seventh and last part deals with the liability of the carrier, liability grounds and conditions, principles of limitation of liability, unlimited liability and liability suit.

This book offers the first comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.