Countermeasures, the Non-Injured State and the Idea of International Community

Countermeasures, the Non-Injured State and the Idea of International Community
Author: Elena Katselli Proukaki
Publisher: Routledge
Total Pages: 354
Release: 2009-12-16
Genre: Law
ISBN: 1135232849

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This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. The volume addresses both the theory and practice of third-State countermeasures within international law and critically assesses the work the International Law Commission has done in this area. The author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. In taking a thorough view of the issues involved, The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called on to play in a contemporary context.

Countermeasures, the Non-injured State and the Idea of International Community

Countermeasures, the Non-injured State and the Idea of International Community
Author:
Publisher:
Total Pages:
Release: 2005
Genre:
ISBN:

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The evolution of the concepts of jus cogens norms and obligations owed to the international community as a whole has had a strong impact on the work of the International Law Commission for the codification of the law on State responsibility. The acceptance that not all primary international norms were of the same gravity or significance because of the nature of the rights they seek to protect could not but influence the legal consequences to derive from the violation of such norms. However, the categorization of internationally wrongful acts to serious and less serious raises significant questions concerning the enforcement of these 'superior' norms, but also the subjects entitled to invoke the responsibility of the wrongdoing State in case of their infringement. Yet, the adoption of the 2001 Final Articles on State Responsibility has far from concluded the debate over the entitlement of States other than the individually injured to resort to countermeasures. Whilst the ILC has found that State practice supporting a right to third-State countermeasures in response to the violation of these collective interests is still inconclusive, Article 54, which makes a general reference to "lawful measures" rather than "countermeasures", leaves the settlement of the issue to the further development of international law. The question of third-State countermeasures becomes even more compelling in the absence of effective and compulsory mechanisms for the protection and enforcement of the most fundamental interests of the international community. The current research attempts to unfold the notion of third-State countermeasures as explored in the work of the ILC and as developed in international theory and practice. Most important, and in view of the possibility of the recognition of a right to third-State countermeasures in the future, this work places particular emphasis on the need of restraint, and in particular on the principle of proportionality.

Third-State Countermeasures for Enforcing International Common Environmental Interests

Third-State Countermeasures for Enforcing International Common Environmental Interests
Author: Kuei-Jung Ni
Publisher:
Total Pages: 0
Release: 2011
Genre:
ISBN:

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The application of countermeasures, traditionally known as reprisal in the field of foreign relations, has been considered a counteract of an injured State in reponse to the prior violation of an obligation within a bilateral context. The World Court in the 1970 Barcelona case confirmed the existence of erga omnes obligaitons for every State with a view to safeguarding the intergrity of the international community as a whole, allowing all States to have a legal interest in protection. The ruling thus may provide some support for the use of unilateral measures to enforce compliance, although the acting State may not suffer tangible damage. However, the legitimacy of specific enforcement remains far from certain. During the past four decades, the International Law Commission (ILC), under the context of State responsibility, has attempted to codify countermeasures in which third-State measures to protect erga omnes interests have also been addressed. A controversy has developed among States as to whether and under what circumstances any State has a right to apply countermeasures in securing the common interests of mankind, such as human rights and the global environment. This article aims to explore the legal status of contemporary third-State countermeasures by examining scholarly arguments and the evolution of international rules mainl referring to the ILC's codification efforts. In particular, it is obvious that nowadays trans-boundary environmental damages and the depletion of global natural resources are serious global problems. A major focus of this article will be the implication of current international developments upon the application of unilateral measures to protect the global environment. Indeed, the final version of the ILC's Articles on State Responsiblity has yet to accord third States entitlement to invoke countermeasures in a strict sense. The Articles nevertheless recognize a unilateral right to apply lawful measures by the incorporation of a saving clause, which may shed some light on third-State enforcement. The arrangement may be an indication of the premature nature of third-State countermeasres. Perhaps, the legality of applying third-party countermeasures cannot by crystallized until a clear and further demonstration of international practices and judicial decision has been made. On the other hand, incontrast to gross violation of human rights, it seems far from clear, apart from huge damage to global commons, under what circumstances injury to international environmental interests may justify the use of third-party remedial actions.

Third-Party Countermeasures in International Law

Third-Party Countermeasures in International Law
Author: Martin Dawidowicz
Publisher: Cambridge University Press
Total Pages: 463
Release: 2017-04-24
Genre: Law
ISBN: 1107014794

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This book examines an important unresolved question of current international law: the legal position of third-party countermeasures.

International Law in a Transcivilizational World

International Law in a Transcivilizational World
Author: Onuma Yasuaki
Publisher: Cambridge University Press
Total Pages: 733
Release: 2017-02-15
Genre: Law
ISBN: 1107024730

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This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.

State Responsibility in the International Legal Order

State Responsibility in the International Legal Order
Author: Katja Creutz
Publisher: Cambridge University Press
Total Pages: 379
Release: 2020-09-24
Genre: Law
ISBN: 1108788696

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State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.

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.

Responsibility of International Organizations

Responsibility of International Organizations
Author: Maurizio Ragazzi
Publisher: Martinus Nijhoff Publishers
Total Pages: 515
Release: 2013-07-04
Genre: Business & Economics
ISBN: 9004256083

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In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.

Principles of Shared Responsibility in International Law

Principles of Shared Responsibility in International Law
Author: André Nollkaemper
Publisher: Cambridge University Press
Total Pages: 399
Release: 2014-12-04
Genre: Law
ISBN: 1316195384

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The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.