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State Responsibility for International Terrorism

Kimberley N. Trapp

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592999
eISBN:
9780191729102
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592999.001.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

The rules of State responsibility have an important but under-utilised role to play in the terrorism context. They determine both whether a breach of primary obligations has occurred, through the ... More


Remedies

Chittharanjan F. Amerasinghe

in Diplomatic Protection

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199212385
eISBN:
9780191707230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212385.003.0015
Subject:
Law, Public International Law

The international wrong committed by the responsible or host State generates an international responsibility which causes the legal relationship between it and the national State of the alien to ... More


State Responsibility and Comparative State Liability for Administrative and Legislative Harm to Economic Interests

Irmgard Marboe

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0012
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter compares the concepts of State responsibility under international law and State liability for economic harm suffered by private persons. It contains a comparison of the rules on State ... More


Introduction

Kimberley N. Trapp

in State Responsibility for International Terrorism

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592999
eISBN:
9780191729102
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592999.003.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

Chapter 1 outlines the structure of analysis in the book, and sets out the basic framework of State responsibility (principally as contemplated in the ILC Articles on State Responsibility). It ... More


Economic Emergency Powers: A Comparative Law Perspective

Christina Binder and August Reinisch

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0016
Subject:
Law, Constitutional and Administrative Law, Public International Law

The jurisprudence of investment tribunals in cases brought against Argentina in the context of the country's 2001/02 economic crisis show the potential and limits of the necessity defence as codified ... More


Access to Justice of Victims of Massacres and Crimes of State

Antônio Augusto Cançado Trindade

in The Access of Individuals to International Justice

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199580958
eISBN:
9780191728785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580958.003.0010
Subject:
Law, Human Rights and Immigration

In recent years the Inter-American Court of Human Rights has taken cognizance of, and pronounced upon, a cycle of cases concerning massacres, disclosing the occurrence of true crimes of State. It was ... More


Institutionalizing the Implementation of State Responsibility in Counterterrorism ContextsThe Interplay between the Security Council and International Legal Norms

Vincent-Joël Proulx

in Institutionalizing State Responsibility: Global Security and UN Organs

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199680399
eISBN:
9780191760297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680399.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter delivers a methodical examination of the Security Council’s role in counterterrorism and global security contexts, with particular emphasis on its suitability to interpret and apply ... More


Access to International Justice in Relation to the Interaction between International Law and Domestic Law

Antônio Augusto Cançado Trindade

in The Access of Individuals to International Justice

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199580958
eISBN:
9780191728785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580958.003.0005
Subject:
Law, Human Rights and Immigration

Well beyond the confines of the traditional and sterile polemics between monism and dualism, the interaction between international law and domestic law has been asserted in the protection of human ... More


The Deficiencies of the Law of State Responsibility Relating to Breaches of ‘Obligations Owed to the International Community as a Whole’: Suggestions for Avoiding the Obsolescence of Aggravated Responsibility *

Pierre-Marie Dupuy

in Realizing Utopia: The Future of International Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199691661
eISBN:
9780191738593
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691661.003.0017
Subject:
Law, Public International Law

The 2001 International Law Commission (ILC) Articles on State Responsibility are a valuable but incomplete project which, to some extent, relied on the dream of an ‘international community’. One of ... More


Global Judicial Activism, Fragmentation, and the Limits of Constitutionalism in International Law

Robert Howse and Ruti Teitel

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0061
Subject:
Law, Public International Law

This chapter explores the contours of a judicial philosophy that depends entirely on a municipal law concept to establish something as fundamental as State responsibility for an internationally ... More


Please Kill Responsibly: Counteracting Global Security Violations with Force

Vincent-Joël Proulx

in Institutionalizing State Responsibility: Global Security and UN Organs

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199680399
eISBN:
9780191760297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680399.003.0013
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter allots considerable weight to the role of forcible responses—be they framed as self-defence, collective countermeasures, R2P-inspired initiatives, or humanitarian intervention—in the ... More


Advancing State Responsibility through UN Institutional Mechanisms

Vincent-Joël Proulx

in Institutionalizing State Responsibility: Global Security and UN Organs

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199680399
eISBN:
9780191760297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680399.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter studies the prospect of advancing State responsibility through existing UN channels generally, with particular insistence on the potential contributions of UN organs. It canvasses major ... More


The Role of the State under the ICESCR

Diane A. Desierto

in Public Policy in International Economic Law: The ICESCR in Trade, Finance, and Investment

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198716938
eISBN:
9780191785634
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716938.003.0002
Subject:
Law, Public International Law, Company and Commercial Law

This chapter discusses the historical evolution of minimum core obligations and the full spectrum of protection afforded under States’ ICESCR obligations. Reimagining of the role of the modern State ... More


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

Giovanni Distefano and Robert Kolb

in A History of International Law in Italy

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198842934
eISBN:
9780191878831
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198842934.003.0018
Subject:
Law, Public International Law, Legal History

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 ... More


State Responsibility and Global Security in the Light of Unforeseen Transnational Phenomena

Vincent-Joël Proulx

in Institutionalizing State Responsibility: Global Security and UN Organs

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199680399
eISBN:
9780191760297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680399.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter investigates the problematic question of State support of terrorism, with some consideration of how a sanctuary State’s tacit support, toleration, acquiescence, or logical support of ... More


Crossing the Conceptual Rubicon: Understanding Secondary Norms of State Responsibility

Vincent-Joël Proulx

in Institutionalizing State Responsibility: Global Security and UN Organs

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199680399
eISBN:
9780191760297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680399.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter sheds light on the nature and interplay between secondary rules of responsibility under the aegis of the International Law Commission’s Articles on State Responsibility. After offering ... More


Drawing on Self-contained Regimes: The Connection between the Use of Force and State Responsibility

Vincent-Joël Proulx

in Institutionalizing State Responsibility: Global Security and UN Organs

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199680399
eISBN:
9780191760297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680399.003.0012
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter challenges the traditional rigidity that characterizes appraisals of recourse to force and State responsibility as two distinct legal regimes, with particular emphasis on self-defence ... More


Introduction

Borzu Sabahi

in Compensation and Restitution in Investor-State Arbitration: Principles and Practice

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199601189
eISBN:
9780191729201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601189.003.0001
Subject:
Law, Public International Law, Company and Commercial Law

This chapter introduces the background and purposes of this study on compensation, restitution, and reparation. It supplies an outline of how the study moves from ancient Roman law to early European ... More


A Higher Law for Treaties?

Enzo Cannizzaro

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0025
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter deals with the notion of conflict between treaties and jus cogens. It suggests that the classical notion of conflict — conceived of as the impossibility to apply two mutually exclusive ... More


Institutionalizing State Responsibility: Global Security and UN Organs

Vincent-Joël Proulx

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199680399
eISBN:
9780191760297
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680399.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This monograph examines the role UN organs can play in implementing the law of State responsibility in global security contexts, using transnational terrorism as its principal case study. It ... More


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