Transboundary harm: the International Law Commission's study of "international liability."
In: American journal of international law, Band 80, S. 305-330
ISSN: 0002-9300
In: American journal of international law, Band 80, S. 305-330
ISSN: 0002-9300
In: Legal aspects of sustainable development 10
In: Oxford commentaries on international law
The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work
In: Library of essays in international law
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.
In: Modern studies in European law volume 74
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
In: Studies in International Law Ser.
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.
In: Hersch Lauterpacht memorial lectures 17
Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book
In: Labour research, Band 78, S. 7-9
ISSN: 0023-7000
In: Cambridge studies in international and comparative 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"--
In: Skrifter från Juridiska Fakulteten i Uppsala 59
In: ASIL studies in international legal theory
"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"
In: Principles of international law
In: Queen Mary Studies in International Law Ser.
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.
In: Hersch Lauterpacht memorial lectures [17]