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National Responsibility

David Miller

in National Responsibility and Global Justice

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199235056
eISBN:
9780191715792
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235056.003.0005
Subject:
Political Science, Russian Politics

This chapter defends the idea of national responsibility and identifies its limits. It argues that where nations act in ways that impose burdens on themselves or on others, responsibility for such ... More


The Impact of Human Rights Law on General International Law

Menno T. Kamminga and Martin Scheinin (eds)

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and ... More


Prosecution of Human Rights Violations under Customary International Law

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0007
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

While the previous part of the book considers treaty law this chapter turns to the question of whether customary international law provides for a duty to prosecute serious human rights violations. It ... More


The Changing European State

Wolfgang C. Müller

in Governing Europe

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199250158
eISBN:
9780191599439
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199250154.003.0021
Subject:
Political Science, European Union

The modern state is a historic phenomenon that has been under constant transformation since its birth in the period of absolutism. In this chapter, a framework is presented for analysing changes of ... More


The Responsibility of the State

N. W. Barber

in The Constitutional State

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter reflects on the scope and the continuity of the responsibility of the state. It considers the ways in which states are connected to situations in the world and the significance these ... More


Impact on State Responsibility

Robert McCorquodale

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0011
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the extent to which general international law principles of state responsibility have been influenced by international human rights law, rather than the impact of state ... More


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


Peremptory Norms in International Law

Alexander Orakhelashvili

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.001.0001
Subject:
Law, Public International Law

This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens), reflected in Article 53 of the 1969 Vienna Convention on the Law of Treaties. ... More


The Shortcomings of Traditional Legal Solutions

Elisa Morgera

in Corporate Accountability in International Environmental Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199558018
eISBN:
9780191705311
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199558018.003.0003
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter provides the necessary theoretical justification to the study. It highlights the shortcomings of traditional legal solutions to ensure the environmentally sound conduct of private ... More


Remedies for Breaches of Peremptory Norms

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0009
Subject:
Law, Public International Law

This chapter begins by focusing on the impact of jus cogens on the law of reparation: the duty to provide restitution, compensation, and satisfaction to redress the wrong caused to States and their ... More


Democratic Legitimacy Under Conditions of Regulatory Competition: Why Europe Differs from the United States

Fritz W. Scharpf

in The Federal Vision: Legitimacy and Levels of Governance in the United States and the European Union

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199245000
eISBN:
9780191599996
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199245002.003.0014
Subject:
Political Science, European Union

Addresses concern over the so‐called ‘democratic deficit’ in the EU in comparison with the USA. The author deduces that there are two reasons for the political salience of this alleged deficit: the ... 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


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


The Possibility of Self-Defence Against Non-State Actors

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter analyses the question of whether self-defence as understood in international law, encompasses the possibility of using extraterritorial force against armed groups abroad. It examines the ... More


Reparations in the Law of State Responsibility

DINAH SHELTON

in Remedies in International Human Rights Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207534
eISBN:
9780191708794
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207534.003.0004
Subject:
Law, Human Rights and Immigration

Prior to the development of international human rights law, violations of international law were met with responses under the law of state responsibility. This traditional body of law, particularly ... More


Peacekeeping

Chia Lehnardt

in Private Security, Public Order: The Outsourcing of Public Services and Its Limits

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199574124
eISBN:
9780191721816
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199574124.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter surveys the roles that PMSCs have taken on and the more ambitious possibilities that have been proposed in the area of peacekeeping. There is, at present, little guidance on what ... 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


Responsibility of States for Violations of Human Rights and Humanitarian Norms

Theodor Meron

in Human Rights and Humanitarian Norms as Customary Law

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198257455
eISBN:
9780191681769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257455.003.0004
Subject:
Law, Public International Law

This chapter discusses the relationship between human rights and state responsibility, based on the fundamental proposition that a breach of conventional or customary human rights or humanitarian ... More


Unilateral Countermeasures

Mary Ellen O'Connell

in The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368949
eISBN:
9780199871100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368949.003.0007
Subject:
Law, Public International Law

The most widely available forceful method of enforcing international law is the countermeasure. Countermeasures are regulated under the law of state responsibility. They are countermeasure to ... 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


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