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State Succession To Responsibility For Internationally Wrongful Acts


State Succession To Responsibility For Internationally Wrongful Acts
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State Succession To Responsibility For Internationally Wrongful Acts


State Succession To Responsibility For Internationally Wrongful Acts
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Author : Grega Pajnkihar
language : en
Publisher: BRILL
Release Date : 2023-08-28

State Succession To Responsibility For Internationally Wrongful Acts written by Grega Pajnkihar and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-28 with Law categories.


Ongoing work of the International Law Commission on State succession with respect to State responsibility begs the question: how does this new matter fit into the broader concept of State succession? This book presents a detailed analysis of the complete codified field of State succession, with new observations and the relevant elements of State responsibility. Dr. Grega Pajnkihar provides insight into how these two areas of international law are interlinked and why State responsibility should not be treated differently from other matters of succession.



State Succession To International Responsibility


State Succession To International Responsibility
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Author : Patrick Dumberry
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2007

State Succession To International Responsibility written by Patrick Dumberry and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.


This volume addresses the controversial issue of State succession to international responsibility. It deals with two distinct questions. Firstly, whether or not there is State succession to obligations arising from internationally wrongful acts committed by the predecessor State against a third State before the date of succession. Secondly, whether or not there is State succession to the right to claim reparation as a consequence of internationally wrongful acts committed by a third State against the predecessor State before the date of succession. Winner 2008 ASIL Certificate of Merrit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.



State Succession To Rights And Obligations Arising From The Commission Of Internationally Wrongful Acts In International Law


State Succession To Rights And Obligations Arising From The Commission Of Internationally Wrongful Acts In International Law
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Author : Patrick Dumberry
language : en
Publisher:
Release Date : 2006

State Succession To Rights And Obligations Arising From The Commission Of Internationally Wrongful Acts In International Law written by Patrick Dumberry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.


The present thesis addresses the issue of State succession to international responsibility. The analysis of State practice shows that the solution to the question whether or not there is a succession of States to the consequences of internationally wrongful acts committed by the predecessor State before the date of succession is not uniform ; it depends essentially on the different types of succession of States and the specific circumstances involved. There are many situations where the obligation to repair is transferred to the successor State after the date of succession. Similarly, there are several examples of State practice where the successor State claimed (and received) reparation in the opposite context of internationally wrongful acts committed (before the date of succession) against the predecessor State or one of its nationals. Modern State practice supports the principle of continuity of the obligation to repair and the right to reparation in international law.



The Institute Of International Law S Resolution On State Succession And State Responsibility


The Institute Of International Law S Resolution On State Succession And State Responsibility
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Author : Marcelo G. Kohen
language : en
Publisher: Cambridge University Press
Release Date : 2019-02-14

The Institute Of International Law S Resolution On State Succession And State Responsibility written by Marcelo G. Kohen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-14 with Law categories.


Analysis of the 2015 Resolution adopted by the Institute of International Law on state succession in matters of state responsibility.



The International Law Of State Responsibility


The International Law Of State Responsibility
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Author : Robert Kolb
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-04-28

The International Law Of State Responsibility written by Robert Kolb and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-28 with categories.


This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding.



State Succession To International Responsibility


State Succession To International Responsibility
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Author : Patrick Dumberry
language : en
Publisher: Brill Nijhoff
Release Date : 2024

State Succession To International Responsibility written by Patrick Dumberry and has been published by Brill Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Law categories.


The most comprehensive analysis of State practice, case law and scholarship on the question of whether the rights and obligations arising from wrongful acts committed by, or against, the predecessor can be transferred to a new State after its independence.



New State Responsibility For Internationally Wrongful Acts By An Insurrectional Movement


New State Responsibility For Internationally Wrongful Acts By An Insurrectional Movement
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Author : Patrick Dumberry
language : en
Publisher:
Release Date : 2013

New State Responsibility For Internationally Wrongful Acts By An Insurrectional Movement written by Patrick Dumberry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.


There is a well-established principle of international law according to which whenever an insurrectional movement succeeds in creating a new state, the new state should be held responsible for obligations arising from internationally wrongful acts committed by the insurrectional movement against third states during the armed struggle for independence. The principle is clearly stated in Article 10(2) of the International Law Commission's Articles on Responsibility of States for Internationally Wrongful Acts. The issue has, surprisingly, not been the object of great attention by legal scholars. This article examines the different possible theoretical foundations in support of this principle. It is submitted that the new state should remain responsible for acts which took place before its independence because there is a 'structural' and 'organic' continuity of the legal personality of the organization of the rebels with that of the new state. There is, however, only limited state practice in support of this principle. The analysis of the concrete application of this principle for different types of succession of states leads the author to conclude that it should find application in all cases because of its fair and equitable consequences.



The Law Of International Responsibility


The Law Of International Responsibility
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Author : James Crawford
language : en
Publisher: Oxford University Press
Release Date : 2010-05-20

The Law Of International Responsibility written by James Crawford and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-20 with Law categories.


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.



State Responsibility


State Responsibility
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Author : James Crawford
language : en
Publisher: Cambridge University Press
Release Date : 2013-07-18

State Responsibility written by James Crawford and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-18 with Law categories.


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 University Press, 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.



Fifth Report On International Responsibility


Fifth Report On International Responsibility
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Author : United Nations. International Law Commission
language : en
Publisher:
Release Date : 1976

Fifth Report On International Responsibility written by United Nations. International Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Government liability (International law) categories.