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State Succession to Responsibility for Internationally Wrongful Acts

State Succession to Responsibility for Internationally Wrongful Acts
Author: Grega Pajnkihar
Publisher: BRILL
Total Pages: 403
Release: 2023-08-28
Genre: Law
ISBN: 9004679413

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Ongoing work of the International Law Commission on State succession with respect to State responsibility begs the question: how does this new matter fit into the broader concept of State succession? This book presents a detailed analysis of the complete codified field of State succession, with new observations and the relevant elements of State responsibility. Dr. Grega Pajnkihar provides insight into how these two areas of international law are interlinked and why State responsibility should not be treated differently from other matters of succession.


State Succession to International Responsibility

State Succession to International Responsibility
Author: Patrick Dumberry
Publisher: BRILL
Total Pages: 540
Release: 2007-07-30
Genre: Law
ISBN: 9047420667

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The break-up of the Soviet Union, Yugoslavia and Czechoslovakia and the unification of Germany in the 1990s marked the dramatic return to center stage in international law of the issue of State succession. This book deals with one particularly controversial aspect of State succession that until now has not received much attention: the question of State succession to international responsibility. In State Succession to International Responsibility the international lawyer and scholar Patrick Dumberry addresses the question, critical for our times, whether or not a new State may be held responsible for wrongful acts committed before its independence by the predecessor State. He also considers the reverse situation: whether or not a new State may claim reparations for wrongful acts committed before its independence by third parties and which affected the predecessor State or one of its nationals. State Succession to International Responsibility contains the most comprehensive analysis ever published of doctrine and State practice related to these questions. It is the first attempt to examine systematically State conduct, both historical and modern, with a view to identifying the factors and circumstances under which rights and obligations of a predecessor State may be transferred to a new State. Winner 2008 ASIL Certificate of Merit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.


State Succession to International Responsibility

State Succession to International Responsibility
Author: Patrick Dumberry
Publisher: Martinus Nijhoff Publishers
Total Pages: 541
Release: 2007
Genre: Law
ISBN: 9004158820

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This volume addresses the controversial issue of State succession to international responsibility. It deals with two distinct questions. Firstly, whether or not there is State succession to obligations arising from internationally wrongful acts committed by the predecessor State against a third State before the date of succession. Secondly, whether or not there is State succession to the right to claim reparation as a consequence of internationally wrongful acts committed by a third State against the predecessor State before the date of succession. Winner 2008 ASIL Certificate of Merrit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.


The Law of International Responsibility

The Law of International Responsibility
Author: James Crawford
Publisher: Oxford University Press
Total Pages: 1364
Release: 2010-05-20
Genre: Law
ISBN: 0199296979

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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.


State Responsibility in International Law

State Responsibility in International Law
Author: René Provost
Publisher: Routledge
Total Pages: 589
Release: 2017-03-02
Genre: Law
ISBN: 1351898035

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In the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. These include explorations of the general theory of state responsibility (link between ’primary’ and ’secondary’ rules, the place of due diligence, the link between liability and wrongfulness), the consequences of an internationally wrongful act (nature of remedies, suitability of countermeasures, third states and the shift from bilateralism to community interests in the law of state responsibility), the debate over criminalizing state responsibility, and the continuing relevance of the law of injuries to aliens. The collection also contains a series of essays offering critical perspectives on state responsibility, including feminist and developing world perspectives. It is completed by an extensive and up-to-date bibliography.


The Institute of International Law's Resolution on State Succession and State Responsibility

The Institute of International Law's Resolution on State Succession and State Responsibility
Author: Marcelo G. Kohen
Publisher: Cambridge University Press
Total Pages: 191
Release: 2019-02-14
Genre: Law
ISBN: 1108751385

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Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.


The International Law of State Responsibility

The International Law of State Responsibility
Author: Robert Kolb
Publisher: Edward Elgar Publishing
Total Pages: 296
Release: 2017-04-28
Genre:
ISBN: 1786434717

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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.


State Responsibility

State Responsibility
Author: James Crawford
Publisher: Cambridge University Press
Total Pages: 907
Release: 2013-07-18
Genre: Law
ISBN: 0521822661

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This book reviews the responsibility of states for acts contrary to international law and examines the connections between institutions, rules and practice.


Materials on the Responsibility of States for Internationally Wrongful Acts

Materials on the Responsibility of States for Internationally Wrongful Acts
Author: United Nations. International Law Commission
Publisher: United Nations Legislative
Total Pages: 472
Release: 2012
Genre: Law
ISBN:

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The present collection of materials reproduces the text of the State responsibility articles, with commentaries thereto, as presented in the Yearbook of the International Law Commission, together with the compilation of decisions recording 154 instances in which international courts, tribunals and other bodies referred to the articles and commentaries during the period from 1973 to 1996 when the draft articles were adopted on first reading, from 1996 to their adoption on second reading in 2001, and up to 31 January 2010