International Responsibility for Hostile Acts of Private Persons Against Foreign States

ISBN-13: 9789401502184 / Angielski / Miękka / 1962 / 207 str.

Manuel R. Garci A-Mora

Opis

Mankind's preoccupation with survival in this age has given renewed impetus to the idea of a world community deeply concerned with the prevention of friction between nations. The achievement to date has been largely in terms of efforts to control acts of aggression committed by governments. Most people have assumed that the military rivalry between the great powers is the only threat confronting the world today. While readily conceding that this threat has placed mankind in a highly precarious situation, this book, on the other hand, reflects my conviction that any program designed to attain world peace will be significantly incomplete without the control of hostile actions which private persons have been known to commit against foreign nations. Experience shows that these actions not only endanger the good re lations between states, but are also likely to plunge the world com munity into wars, thus spreading destruction and human suffering everywhere."

Spis treści

I. The Individual and World Order.- The World Community and its Values.- International Law and Hostile Actions of Private Persons.- Obligation of the State.- Obligation of Private Persons.- The Individual and the Peace and Security of Mankind.- One/State and Individual Responsibility.- II. The traditional law concerning the responsibility of the state for actions of private persons.- Nature of State Responsibility.- The Notion of Implied State Complicity.- The Doctrine of Absolute or Strict Liability.- Aggression and Private Hostile Acts of Individuals.- Conclusion.- III. The Emerging Concept of Individual Liability.- Background.- Responsibility of the Authorities of the State.- Criminal Responsibility of Private Persons.- Conclusion.- Two/Some Hostile Actions of Private Persons against Foreign States.- IV. Organization of Hostile Military Expeditions.- The Traditional Law.- The Law and Practice of the United States.- The Law and Practice of Other Countries.- Measures of Prevention.- Conclusion.- V. Recruitment and Departure Of Volunteers.- Volunteers and Neutrality.- International and National Regulations.- The Chinese Intervention in Korea.- Conclusion.- VI. Revolutionary Activities and Hostile Propaganda.- The Principles of International Law.- The Principle of Neutrality.- The Law of the United States.- The Law of Great Britain.- The Principle of Security.- An Offense against the Peace and Security of Mankind.- International Regulation.- Under the United Nations Charter.- Under International Conventions.- Conclusion.- VII. Invasion of Foreign Territory by Armed Bands.- Armed Bands and International Responsibility.- Armed Bands and the Right of Self-Defense.- Armed Bands and the Right of Hot Pursuit.- Armed Bands Before the United Nations.- Conclusion.- VIII. Counterfeiting of Foreign Currency.- General Considerations.- The Law of the Various Countries.- The Convention for the Suppression of Counterfeiting Currency.- Conclusion.- Three\Jurisdiction for the Punishment of Private Persons.- IX. So-Called Protective Jurisdiction of the Threatened Community.- The So-Called Protective Theory of Jurisdiction.- The Duty of Allegiance Theory.- The British Law.- The American Law.- The Theory of Self-Defense.- International Law and Protective Jurisdiction.- Conclusion.- X. International Criminal Jurisdiction as an Alternative.- Towards an International Criminal Court.- The Draft Statute and Offences of Private Persons.- The Future of an International Criminal Jurisdiction.- Conclusion.- XI. Summary and conclusions.