State Responsibility for Acts of Non-state Actors: A Comment on Griebel and Plücken

2009 ◽  
Vol 22 (2) ◽  
pp. 307-324 ◽  
Author(s):  
MARKO MILANOVIĆ
Keyword(s):  
International Law ◽  
Recent Analysis ◽  
Modern World ◽  
State Responsibility ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
State Actors ◽  
The Law ◽  
And Control

AbstractThis article comments on Jörn Griebel and Milan Plücken's recent analysis in the Leiden Journal of International Law of the approach of the International Court of Justice to state responsibility in its judgment in the Genocide (Bosnia v. Serbia) case. The article also provides more general remarks on the law of state responsibility as it pertains to acts of non-state actors. In that regard, it discusses attribution based on de facto organ status and attribution based on direction and control, as well as whether, as a matter of policy, the law of state responsibility meets the needs of the modern world.

Case Analysis: The Gabčíkovo-Nagymaros Project and the Law of State Responsibility

1998 ◽  
Vol 11 (3) ◽  
pp. 609-623 ◽  
Author(s):  
René Lefeber
Keyword(s):  
International Law ◽  
Case Analysis ◽  
State Responsibility ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Law ◽  
The Relationship ◽  
Clear Line ◽  
Legal Consequences

In the Gabčíkovo-Nagymaros proceedings, the parties, viz. Hungary and Slovakia, defended their conduct, amongst others, with arguments derived from the relationship between the law of treaties and the law of state responsibility, and from the law of state responsibility itself. In its judgment, the International Court of Justice disentangled the mixture of arguments derived from the law of treaties and the law of state responsibility advanced by Hungary, and drew a clear line between these two branches of international law. Second, it rejected several circumstances that were advanced by the parties to preclude the wrongfulness of their conduct. On both these accounts, the author opines that the declaratory dicta of the Court have contributed to the development of the law of state responsibility. Third, the Court decided on the legal consequences of the intersecting internationally wrongful acts committed by Hungary and Slovakia. According to the author, the Court erred in its reasoning on this account by confusing the award of cessation of the internationally wrongful acts with the award of reparation for these acts.

Legal Perspectives

2018 ◽  
pp. 78-103
Author(s):  
José E. Alvarez
Keyword(s):  
International Law ◽  
Third World ◽  
Legal Positivism ◽  
Scholarly Work ◽  
Soft Or ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
State Actors ◽  
Legal Frameworks

This chapter surveys how international legal scholars have catalogued and sought to explain the legal impact of the UN even though its political and judicial organs have not been delegated the power to make law. It explains how the UN attempts to adhere to, but also challenges, the traditional sources of international law—treaties, custom, and general principles—contained in the Statute of the International Court of Justice. It enumerates how the turn to UN system organizations—amidst newly empowered non-state actors, increasing resort to ‘soft’ or ‘informal’ norms, and recourse to institutionalized processes—have led to distinct legal frameworks such as process or deliberative theories, interdisciplinary ‘law and’ approaches, feminist and ‘Third World’ critiques, and scholarly work that renews attention to or revises legal positivism.

scholarly journals States’ Mouthpieces or Independent Practitioners? The Role of Counsel before the ICJ from the Perspective of the Legal Value of their Oral Pleadings

2021 ◽  
Vol 20 (1) ◽  
pp. 54-76
Author(s):  
Marco Longobardo
Keyword(s):  
International Law ◽  
State Responsibility ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
State Practice ◽  
The Icj ◽  
Treaty Interpretation

Abstract This article explores the role of counsel before the International Court of Justice, taking into account their tasks under the Statute of the Court and the legal value of their pleadings in international law. Pleadings of counsel constitute State practice for the formation of customary international law and treaty interpretation, and they are attributable to the litigating State under the law on State responsibility. Accordingly, in principle, counsel present the views of the litigating State, which in practice approves in advance the pleadings. This consideration is relevant in discussing the role of counsel assisting States in politically sensitive cases, where there is no necessary correspondence between the views of the States and those of their counsel. Especially when less powerful States are parties to the relevant disputes, the availability of competent counsel in politically sensitive cases should not be discouraged since it advances the legitimacy of the international judicial function.

scholarly journals Theoretical and Practical Significance of the Issue of Maritime Delimitation in the Law of the Sea

2017 ◽  
Vol 6 (2) ◽  
pp. 125-129 ◽  
Author(s):  
Bojana Lakićević-Đuranović
Keyword(s):  
International Law ◽  
Practical Significance ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Creation ◽  
The Law

This paper aims to show the significance of maritime delimitation in the Law of the Sea, as well as the contribution of international jurisprudence to the creation of the rules of maritime delimitation. The decisions of the International Court of Justice (ICJ) and the awards of arbitration tribunals are especially significant in the part of the Law of the Sea dealing with maritime delimitation. Based on the analysis of the principle of equity and the method of equidistance, the jurisprudence of the courts is shown to have established precedents and to have an irreplaceable role in the development of the international Law of the Sea, particularly in the segment of maritime delimitations.

scholarly journals Responsibility of Serbia for genocide: Application of the Convention on the prevention and punishment of the crime of genocide

Temida ◽  
2007 ◽  
Vol 10 (4) ◽  
pp. 33-42
Author(s):  
Mirjana Tejic
Keyword(s):  
International Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
State Responsibility ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Reconciliation Process

On February 26th 2007, International Court of Justice claimed Serbia responsible for failing to prevent genocide and punish perpetrators underlining its' responsibility to cooperate with International Criminal Tribunal for former Yugoslavia. Although it was confirmed genocide has been committed in Srebrenica 1995, Serbia is not obliged to pay financial reparations. Judgment makes distinction between individual and three-fold state responsibility for genocide, based on Convention on the Prevention and Punishment of the Crime of Genocide and other sources of international law. There are evident disagreements among judges on jurisdiction, interpretation rules, even on meritum of the case. Many questions still remain open especially what precedent effects will have on establishment of state's dolus specialis and how it will influence the reconciliation process in the region.

Sources of International Organizations’ Law

2018 ◽  
Author(s):  
Jan Klabbers
Keyword(s):  
International Law ◽  
International Organizations ◽  
Administrative Law ◽  
Legal Obligation ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Law

This chapter reflects on the uncertainties regarding the question of why international organizations would be bound by international law. It places these uncertainties in the broader framework of a vague and ill-defined ‘turn to accountability’. As the chapter shows, international organizations are often held to account for wrongdoing without it being clear whether they have also violated an international legal obligation resting upon them. The chapter then discusses in some detail the 1980 WHO–Egypt advisory opinion of the International Court of Justice (ICJ) regarding whether the WHO could close their Alexandria office and move it to Jordan. Afterwards, the chapter reviews several recent attempts to overcome the ‘basis of obligation’ problem in the law of international organizations, such as the putative constitutionalization of international law or international organizations, the adoption of accountability models, and the emergence of Global Administrative Law.

The Resilience of the Restrictive Rules on Self-Defence

2016 ◽  
Author(s):  
Joerg Kammerhofer
Keyword(s):  
International Law ◽  
Customary Law ◽  
International Court Of Justice ◽  
Institutional Practice ◽  
Jus Ad Bellum ◽  
Court Of Justice ◽  
International Court ◽  
State Practice ◽  
The Law ◽  
Self Defence

This chapter examines the resilience of the treaty, and perhaps also customary, law on self-defence since 2001. It first considers ‘resilience’ in the context of the jus ad bellum and how law can be resilient vis-à-vis changing circumstance, opinions, interpretation, and state practice. It then looks at the indicators for and against resilience by analysing post-2001 developments, paying particular attention to three areas: jurisprudence, scholarly literature in international law, and state and institutional practice. The chapter also explains what ‘resilience’ can and cannot be, and how the law and its perceptions change—or remain the same. Two avenues on the question of what is resilient are evaluated: either the norm or its interpretation (perception) change. Finally, the chapter considers a number of cases in which the International Court of Justice has made pronouncements on and partial clarifications of important aspects of the law on self-defence since 2001.

scholarly journals Conceiving International Law’s Normative Order beyond the ‘Residual Negative Principle’

2018 ◽  
Vol 87 (4) ◽  
pp. 466-484
Author(s):  
Graham Melling
Keyword(s):  
International Law ◽  
Legal System ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
International Legal System ◽  
The Law ◽  
Normative Order

Due to the nature of the international legal system, the International Court of Justice (icj) is regularly presented with new questions about which international law is unclear or to which it does not yet extend – and is thereby incomplete. The approach of the icj when faced with such gaps raises some fundamental questions about the nature of the international legal system and the judicial function of the icj. The purpose of this article is to revisit and the critically evaluate the issue of how the icj responds when faced with a gap or lacuna in the law.

The Contribution of the International Court of Justice to the Law on the Use of Force: Missed Opportunities or Unrealistic Expectations?

2009 ◽  
Vol 78 (3) ◽  
pp. 361-396 ◽  
Author(s):  
David McKeever
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Legal Regime ◽  
International Court Of Justice ◽  
Missed Opportunities ◽  
Court Of Justice ◽  
Legal Questions ◽  
International Court ◽  
The Law ◽  
Unrealistic Expectations

AbstractIn recent years, the International Court of Justice has been presented with opportunities to pronounce on important dimensions of the law on the use of force. An assessment of the court's handling of these issues must consider first the role attributed to the Court within the international legal regime for preventing and mitigating the use of force, and thus what exactly would amount to 'success' for the Court in such cases. Notwithstanding the inherent limitations on the Court's capacity in this area, this article argues that the Court has largely failed to provide clear guidance on pressing legal questions. An unwarranted caution in utilising the judicial tools at its disposal is one important factor in this regard. Finally, this article highlights some potential consequences of the Court's recent work for the development of international law on the use of force.

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