Community interests in the law on state responsibility

2009 ◽  
pp. 54-89
Author(s):  
Elena Katselli Proukaki
Keyword(s):  
State Responsibility ◽  
The Law

Common Interests of Humankind and the International Regulation of the Use of Force

2018 ◽  
Author(s):  
Enzo Cannizzaro
Keyword(s):  
International Law ◽  
Use Of Force ◽  
State Responsibility ◽  
International Regulation ◽  
Philosophical Foundations ◽  
Un Security Council ◽  
Common Interests ◽  
The Law ◽  
Mere Existence ◽  
Further Development

The chapter discusses the philosophical foundations of the current regulation of the use of force. The chapter argues that, in correspondence with the emergence of a sphere of substantive rules protecting common interests of humankind, international law is also gradually developing a system of protection against egregious breaches of these interests. This conclusion is reached through an analysis of the law and practice governing the action of the UN Security Council as well as the law of state responsibility concerning individual and collective reactions to serious breaches of common interests. This system is based on positive obligations imposed upon individual states as well as UN organs, and it appears to be still rudimentary and inefficient. However, the chapter suggests that the mere existence of this system, these shortcomings notwithstanding, has the effect of promoting the further development of the law in search for more appropriate mechanisms of protection.

Defences in the Law of State ResponsibilityA View from Jurisprudence

2020 ◽  
pp. 179-202
Author(s):  
Luís Duarte d’Almeida
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Legal Theory ◽  
Criminal Responsibility ◽  
Point Of View ◽  
State Responsibility ◽  
The Law ◽  
Cross Fertilization

Ongoing discussions among international lawyers on defences in state responsibility have close analogies with debates in two other fields: debates in general legal theory on defeasibility in law, and debates in criminal law theory (and philosophy) on the elements of criminal responsibility. The similarities are not surprising. But it is striking how little cross-fertilization there seems to have been. For jurisprudence and criminal law scholars have developed a number of points and distinctions that international law theorists working on defences should find helpful. This chapter illustrates these claims. Section 2 looks at defences from the point of view of general legal theory, and section 3 does the same from the point of view of criminal law theory, recommending specific solutions to particular problems. Section 4 then shows how these contributions can help to answer some persistent questions surrounding defences in the law of state responsibility.

Some Contributions from and Influence of the Italian Doctrine of International Law

2020 ◽  
pp. 433-467
Author(s):  
Giovanni Distefano ◽  
Robert Kolb
Keyword(s):  
International Law ◽  
State Responsibility ◽  
Test Case ◽  
Public International Law ◽  
Legal Scholarship ◽  
Italian School ◽  
German School ◽  
Legal Thinking ◽  
The Law ◽  
The Many

This chapter deals with the contribution of Italian scholarship to public international law. Its approach is two-fold. First, adopting an “external” perspective, the contribution of Italian scholars to the highly esteemed series of Hague Courses of the famous eponymous Academy may shed some light on what the Italian conception brought to international legal scholarship but also on how Italian scholars were perceived by their foreign brethren, and in what context they were quoted. Second, selecting a specific issue, the chapter focuses on the influence of Italian legal thinking on the shaping of doctrines of State responsibility. Among all the many areas of international law, this is one where the Italian school is constantly viewed as pioneering (together with the German school). For example, the writings of Anzilotti or Cavaglieri are often quoted as astonishingly modern exposés of that branch of the law, providing thus a test-case to verify the contribution and influence of the Italian doctrine of international law.

25. The conditions for international responsibility

2019 ◽  
pp. 523-551
Author(s):  
James Crawford
Keyword(s):  
The State ◽  
State Responsibility ◽  
Responsibility Attribution ◽  
International Obligation ◽  
International Responsibility ◽  
The Law

This chapter discusses the basis and character of state responsibility, attribution to the state, breach of an international obligation, and circumstances precluding wrongfulness. This chapter focuses on the articulation of the law of responsibility through the ILC’s Articles on Responsibility of States for Internationally Wrongful Acts.

Sign in / Sign up

Export Citation Format

Share Document