Author : Kimberley N. Trapp
Publisher : Oxford University Press
Page : 316 pages
File Size : 35,25 MB
Release : 2011-06-02
Category : Law
ISBN : 0199592993
Readership: Academics and students studying the law of state responsibility and the legal regime applicable to international terrorism; Government, UN and international/regional organization legal advisers.
Author : Tal Becker
Publisher : Bloomsbury Publishing
Page : 402 pages
File Size : 13,97 MB
Release : 2006-03-23
Category : Law
ISBN : 184731015X
Winner of the 2007 Paul Guggenheim Prize! Today's terrorists possess unprecedented power, but the State still plays a crucial role in the success or failure of their plans. Terrorists count on governmental inaction, toleration or support. And citizens look to the State to protect them from the dangers that these terrorists pose. But the rules of international law that regulate State responsibility for preventing terrorism were crafted for a different age. They are open to abuse and poorly suited to hold States accountable for sponsoring or tolerating contemporary terrorist activity. It is time that these rules were reconceived. Tal Becker's incisive and ground-breaking book analyses the law of State responsibility for non-State violence and examines its relevance in a world coming to terms with the threat of catastrophic terrorism. The book sets out the legal duties of States to prevent, and abstain from supporting, terrorist activity and explores how to maximise State compliance with these obligations. Drawing on a wealth of precedents and legal sources, the book offers an innovative approach to regulating State responsibility for terrorism, inspired by the principles and philosophy of causation. In so doing, it presents a new conceptual and legal framework for dealing with the complex interactions between State and non-State actors that make terrorism possible, and offers a way to harness international law to enhance human security in a post-9/11 world.
Author : Michael P. Scharf
Publisher : Cambridge University Press
Page : 241 pages
File Size : 33,38 MB
Release : 2013-05-31
Category : Law
ISBN : 1107276764
This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.
Author : United Nations. International Law Commission
Publisher :
Page : 472 pages
File Size : 27,86 MB
Release : 2012
Category : Law
ISBN :
"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."--Provided by publisher.
Author : James Crawford
Publisher : Oxford University Press
Page : 1364 pages
File Size : 46,62 MB
Release : 2010-05-20
Category : Law
ISBN : 0199296979
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.
Author : Yoram Dinstein
Publisher : Martinus Nijhoff Publishers
Page : 418 pages
File Size : 25,15 MB
Release : 1990-02-14
Category : Political Science
ISBN : 9780792304500
The "Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The "Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). The Articles section of Volume 34 contains articles on Current Issues in International Law and Military Operations.
Author : Pablo Antonio Fernández Sánchez
Publisher : BRILL
Page : 529 pages
File Size : 24,47 MB
Release : 2009
Category : Law
ISBN : 9004170537
Includes annex: The Huelva Declaration for an Alliance of Civilizations against Terrorism.
Author : Nina H. B. Jørgensen
Publisher : Cambridge University Press
Page : 571 pages
File Size : 37,42 MB
Release : 2020-09-17
Category : Law
ISBN : 1108651208
This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.
Author : René Provost
Publisher : Routledge
Page : 589 pages
File Size : 10,35 MB
Release : 2017-03-02
Category : Law
ISBN : 1351898035
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.
Author : Joanna Kulesza
Publisher : BRILL
Page : 331 pages
File Size : 33,95 MB
Release : 2016-08-09
Category : Law
ISBN : 9004325190
Due Diligence in International Law identifies due diligence as the missing link between state responsibility and international liability. Acknowledged in all legal fields, it ensures international peaceful cooperation and prevents significant transboundary harm, yet it has thus far not been comprehensively discussed in literature. The present volume fills this void. Kulesza identifies due diligence as a principle of international law and traces its evolution throughout centuries. The no-harm principle, key to identifying responsibility for transboundary harm, focal to international environmental law and applicable to e.g. combating terrorism, follows states’ obligation of due diligence in preventing foreign harm. This obligation, present in various treaty-based and customary regimes is argued to be a principle of international public law applicable to all obligations of conduct.
