State Succession to Responsibility for Internationally Wrongful Acts
State Succession to Responsibility for Internationally Wrongful Acts

Author: Grega Pajnkihar

Publisher: BRILL

Published: 2023-08-28

Total Pages: 403

ISBN-13: 9004679413

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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

Author: Patrick Dumberry

Publisher: Martinus Nijhoff Publishers

Published: 2007

Total Pages: 541

ISBN-13: 9004158820

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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

Author: Patrick Dumberry

Publisher:

Published: 2006

Total Pages: 573

ISBN-13:

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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 Law of International Responsibility
The Law of International Responsibility

Author: James Crawford

Publisher: Oxford University Press

Published: 2010-05-20

Total Pages: 1364

ISBN-13: 0199296979

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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 Succession to International Responsibility
State Succession to International Responsibility

Author: Patrick Dumberry

Publisher: BRILL

Published: 2024-09-05

Total Pages: 534

ISBN-13: 9004703810

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In the context of the break-up of the Soviet Union and Yugoslavia, the independence of Montenegro and the unification of Germany, can a new State be held responsible for wrongful acts committed before its independence by the predecessor State? This book is the most comprehensive analysis of State practice, case law and scholarship identifying the factors and circumstances under which the rights and obligations arising from wrongful acts committed before independence can be transferred to a new State. This updated and revised second edition covers new developments, including the recent works of the International Law Commission and the Institute of International Law.

New State Responsibility for Internationally Wrongful Acts by an Insurrectional Movement
New State Responsibility for Internationally Wrongful Acts by an Insurrectional Movement

Author: Patrick Dumberry

Publisher:

Published: 2013

Total Pages:

ISBN-13:

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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.

State Responsibility
State Responsibility

Author: James Crawford

Publisher: Cambridge University Press

Published: 2013-07-18

Total Pages: 907

ISBN-13: 0521822661

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This book reviews the responsibility of states for acts contrary to international law and examines the connections between institutions, rules and practice.

Materials on the Responsibility of States for Internationally Wrongful Acts
Materials on the Responsibility of States for Internationally Wrongful Acts

Author: United Nations. International Law Commission

Publisher:

Published: 2012

Total Pages: 472

ISBN-13:

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"The present collection of materials reproduces the text of the State responsibility articles, with commentaries thereto, as presented in the Yearbook of the International Law Commission, together with the compilation of decisions recording 154 instances in which international courts, tribunals and other bodies referred to the articles and commentaries during the period from 1973 to 1996 when the draft articles were adopted on first reading, from 1996 to their adoption on second reading in 2001, and up to 31 January 2010."--Provided by publisher.