Third-Party Countermeasures in International Law
Third-Party Countermeasures in International Law

Author: Martin Dawidowicz

Publisher: Cambridge University Press

Published: 2017-06-01

Total Pages: 463

ISBN-13: 1108179371

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The use of third-party countermeasures is an increasingly common phenomenon in international relations, yet their legal position remains uncertain. Providing the first systematic and comprehensive study of this key concept in international law, Martin Dawidowicz explores the position of third-party countermeasures and their safeguards regime based on the development of ideas on countermeasures in the UN International Law Commission and a thorough examination of state practice. The book clarifies the position of third-party countermeasures in international law, and in doing so challenges some widely held assumptions about the likely impact of a regime of third-party countermeasures on international relations. It will be of interest to international law and relations scholars and students, diplomats, policy makers, international civil servants and non-governmental organisations (NGOs) in the field of human rights.

Countermeasures, the Non-Injured State and the Idea of International Community
Countermeasures, the Non-Injured State and the Idea of International Community

Author: Elena Katselli Proukaki

Publisher: Routledge

Published: 2009-12-16

Total Pages: 354

ISBN-13: 1135232849

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This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. The volume addresses both the theory and practice of third-State countermeasures within international law and critically assesses the work the International Law Commission has done in this area. The author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. In taking a thorough view of the issues involved, The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called on to play in a contemporary context.

Enforcing Obligations Erga Omnes in International Law
Enforcing Obligations Erga Omnes in International Law

Author: Christian J. Tams

Publisher: Cambridge University Press

Published: 2005-12-01

Total Pages: 397

ISBN-13: 1139448803

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The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.

The Legality of Non-forcible Counter-measures in International Law
The Legality of Non-forcible Counter-measures in International Law

Author: Omer Yousif Elagab

Publisher: Oxford University Press, USA

Published: 1988

Total Pages: 296

ISBN-13:

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This book examines the history and current status of the non-forcible counter-measure (economic sanction), and, by unraveling the legal intricacies surrounding its application, focuses upon the conditions under which states might be entitled to employ it.

Responsibility of International Organizations
Responsibility of International Organizations

Author: Maurizio Ragazzi

Publisher: Martinus Nijhoff Publishers

Published: 2013-07-04

Total Pages: 515

ISBN-13: 9004256083

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In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.

The Problem of Enforcement in International Law
The Problem of Enforcement in International Law

Author: Elena Katselli Proukaki

Publisher: Routledge

Published: 2009-12-16

Total Pages: 351

ISBN-13: 1135232830

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This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. Elena Katselli Proukaki takes a detailed look at the issue of third-State countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-State countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the non-existence of a right to third-State countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic. In taking a thorough view of the issues involved the author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called to play in a contemporary context. This book is of great interest and value not only for specialists in this area of international law, but also human rights, trade and EU lawyers, practitioners, legal advisers, and students.

The Breach of a Treaty
The Breach of a Treaty

Author: Maria Xiouri

Publisher: BRILL

Published: 2021-03-15

Total Pages: 446

ISBN-13: 900436322X

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In The Breach of a Treaty: State Responses in International Law, Maria Xiouri examines the relationship between responses to the breach of a treaty, namely between the termination of the treaty or the suspension of its operation and countermeasures.

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations
Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations

Author: Michael N. Schmitt

Publisher: Cambridge University Press

Published: 2017-02-02

Total Pages: 641

ISBN-13: 1316828646

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Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

Research Handbook on Unilateral and Extraterritorial Sanctions
Research Handbook on Unilateral and Extraterritorial Sanctions

Author: Beaucillon, Charlotte

Publisher: Edward Elgar Publishing

Published: 2021-08-27

Total Pages: 512

ISBN-13: 1839107855

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Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy. This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions. Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.

Principles of Shared Responsibility in International Law
Principles of Shared Responsibility in International Law

Author: André Nollkaemper

Publisher: Cambridge University Press

Published: 2014-12-04

Total Pages: 399

ISBN-13: 1316195384

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The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.