State Responsibility: The General Part

ISBN-13: 9780521822664 / Angielski / Twarda / 2013 / 906 str.

James Crawford

Opis

Annexed to GA Resolution 56/83 of 2001, the International Law Commission's Articles on Responsibility for Internationally Wrongful Acts put the international law of responsibility on a sound footing. As Special Rapporteur for the second reading, James Crawford helped steer it to a successful conclusion. With this book, he provides a detailed analysis of the general law of international responsibility and the place of state responsibility in particular within that framework. It serves as a companion to The International Law Commission's Articles on State Responsibility: Introduction, Text and Commentaries (Cambridge, 2002) and is essential reading for scholars and practitioners concerned with issues of international responsibility, whether they arise in interstate relations, in the context of arbitration or litigation, or in bringing international claims.

Recenzje

'Undoubtedly, the book under review qualifies as the most authoritative expression of state responsibility and its rules today, not only because of the extensive discussion devoted to the different aspects of state responsibility, but also because Crawford's background in the field gives him special knowledge that other scholars may lack …' Katja Creutz, Nordic Journal of International Law

Spis treści

Part I. The Framework of Responsibility: 1. Historical development; 2. Key concepts; 3. Corollaries of breach of an international obligation; Part II. Attribution to the State: 4. Organs and entities exercising governmental authority; 5. Direction and control by the State; 6. Other cases of attribution; Part III. Breach: 7. Breach: the material element; 8. Breach: the temporal element; 9. Circumstances precluding wrongfulness; Part IV. Collective or Ancillary Responsibility: 10. Responsibility in cases of joint or collective conduct; 11. Responsibility for breaches of communitarian norms; 12. Ancillary and secondary responsibility; 13. Succession to responsibility; Part V. Cessation and Reparation: 14. Restoration of legal relations after breach; 15. Reparation; 16. Remedies; Part VI. The Implementation of Responsibility: 17. The claims process; 18. Claims on behalf of others: diplomatic and functional protection; 19. Implementation of responsibility by judicial process; 20. Invocation in cases involving multiple parties; 21. Implementation of responsibility by extra-judicial process; Appendix 1. ILC Articles on Responsibility of States for Internationally Wrongful Acts (2001); Appendix 2. General Assembly Resolution 56/83, 12 December 2001; General Assembly Resolution 59/35, 2 December 2004; General Assembly Resolution 62/61, 6 December 2007; General Assembly Resolution 65/19, 6 December 2010; Appendix 3. ILC Draft Articles on Diplomatic Protection (2006); Appendix 4. ILC Draft Articles on State Responsibility (as proposed by F. V. García-Amador, 1961); Appendix 5. ILC Draft Articles on State Responsibility (as adopted on first reading, 1996); Appendix 6. ILC Draft Articles on Responsibility of International Organizations (2010).