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Contents
- Preliminary Material
- Preface
- Contents
- List of Contributors
- Table of Cases
- Table of Statutes
- The Work of the ILC on Responsibility
- Select Abbreviations
- Main Text
- Part I Introduction—Responsibility and International Law
- Ch.1 The Definition of Responsibility in International Law
- Preliminary Material
- 1 Responsibility as the ‘necessary corollary of law’
- 2 The complex definition of a multi-faceted notion
- 3 The characteristics of international responsibility
- Further reading
- Ch.2 The System of International Responsibility
- Ch.3 Primary and Secondary Rules
- Ch.1 The Definition of Responsibility in International Law
- Part II International Responsibility—Development and Relation with Other Laws
- Ch.4 The Development of the Law of Responsibility Through the Case Law
- Ch.5 Doctrines of State Responsibility
- Ch.6 Private Codification Efforts
- Ch.7 The Hague Conference of 1930
- Ch.8 The Work of García Amador on State Responsibility for Injury Caused to Aliens
- Ch.9 The ILC’s Articles on State Responsibility for Internationally Wrongful Acts and Related Texts
- Ch.10 Liability for Injurious Consequences of Acts Not Prohibited by International Law
- Ch.11 The Law of Responsibility and the Law of Treaties
- Ch.12 Responsibility and the United Nations Charter
- Preliminary Material
- 1 Introduction
- 2 The Articles on State Responsibility and the UN Charter
- 3 The Charter provisions for peace maintenance: a special regime of responsibility?
- Conclusions
- Further reading
- Ch.13 Leges Speciales and Self-Contained Regimes
- Preliminary Material
- 1 The lex specialis principle and so-called ‘self-contained regimes’
- 2 Case studies: special regimes and the ‘fallback’ to State responsibility
- Further reading
- Ch.14 The Concept of ‘Soft Responsibility’?
- Ch.15 Relations between the International Law of Responsibility and Responsibility in Municipal Law
- Part III The Sources of International Responsibility
- Ch.16 Overview of Part One of the Articles on State Responsibility
- Ch.17 The Elements of An Internationally Wrongful Act
- Preliminary Material
- 1 The internationally wrongful act of a subject of international law: the sole constituent element of international responsibility
- 2 The constituent elements of an internationally wrongful act committed by a subject of international law
- 3 The question of attribution
- 4 The breach of an international obligation
- Further reading
- Ch.18 The Rules of Attribution: General Considerations
- Preliminary Material
- 1 Introduction
- 2 Attribution and State responsibility for internationally wrongful acts
- (a) The significance of attribution in the theory and practice of international responsibility
- (b) The rules of attribution as secondary rules of international responsibility
- (c) The normative approach to attribution and its implications
- (d) The different bases of attribution of conduct to a State under international law and the role of the domestic law of the State
- (e) Attribution or imputation? Some remarks on terminology
- 3 Attribution of conduct to the State as a preliminary question in the context of the criminal responsibility of individuals and the distinction between international and non-international armed conflicts
- Further reading
- Ch.19.1 Attribution of Conduct to the State: State Organs and Entities Empowered to Exercise Elements of Governmental Authority
- Ch.19.2 Attribution of Conduct to the State: Insurrectional Movements
- Ch.19.3 Attribution of Conduct to the State: Private Individuals
- Ch.20 Attribution of Conduct to Multiple States and the Implication of a State in the Act of Another State
- Ch.21 State Succession and Responsibility
- Ch.22 The Attribution of Acts to International Organizations
- Ch.23.1 The Responsibility of Other Entities: Private Individuals
- Ch.23.2 The Responsibility of Other Entities: Armed Bands and Criminal Groups
- Ch.23.3 The Responsibility of Other Entities: Non-Governmental Organizations
- Ch.24 Actions and Omissions
- Ch.25 Source of the Obligation
- Ch.26 Content of the Obligation: Obligations of Means and Obligations Of Result
- Preliminary Material
- 1 Distinction between international obligations based on the character of the obligation
- 2 Distinction between international obligations based on their scope
- Conclusion
- Further reading
- Ch.27 Duration of the Breach
- Ch.28 Relevance of the Intertemporal Law
- Ch.29 International Crimes of States
- Ch.30 The Character of the Violated Obligation
- Preliminary Material
- 1 Article 40(1) of the ILC Articles compared with Ago’s draft article 19
- 2 A three-tiered class of obligations in the ILC Articles
- 3 Erga omnes obligations and obligations deriving from jus cogens norms overlap and indeed coincide
- 4 State practice does not support the distinction between the two sets of consequences drawn by the ILC
- 5 State practice does not support a rigid distinction between two sets of reaction by third States
- 6 Serious breaches of international obligations protecting values fundamental for the whole international community entail in principle the same legal consequences
- Further reading
- Ch.31 The Character of the Breach
- Ch.32 The Notion of Circumstances Precluding Wrongfulness
- Ch.33.1 Circumstances Precluding Wrongfulness in the ILC Articles On State Responsibility: Consent
- Ch.33.2 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Compliance with Peremptory Norms
- Ch.33.3 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Self-Defence
- Ch.33.4 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Countermeasures
- Ch.33.5 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Force Majeure
- Ch.33.6 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Distress
- Ch.33.7 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Necessity
- Ch.34 The Concept of Liability in The Absence of an Internationally Wrongful Act
- Ch.35 Allocation of Responsibility for Harmful Consequences of Acts not Prohibited by International Law
- Ch.36 Obligations of Prevention and the Precautionary Principle
- Preliminary Material
- 1 Obligations of prevention in international law
- 2 The precautionary approach and precautionary principle in international law: the absence of scientific certainty
- 3 Conclusion
- Further reading
- Part IV The Content of International Responsibility
- Ch.37 Overview of Part Two of the Articles on State Responsibility
- Ch.38 The Obligation of Cessation
- Ch.39 Assurances and Guarantees of Non-Repetition
- Ch.40 The Obligation to Make Reparation
- Ch.41 Interaction between the Forms of Reparation
- Ch.42.1 The Different Forms of Reparation: Restitution
- Ch.42.2 The Different Forms of Reparation: Compensation
- Ch.42.3 The Different Forms of Reparation: Interest
- Ch.42.4 The Different Forms of Reparation: Satisfaction
- Ch.43 Contribution to the Injury
- Ch.44 Division of Reparation between Responsible Entities
- Ch.45 Punitive Damages
- Ch.46 The Obligation of Non-Recognition of an Unlawful Situation
- Ch.47 The Obligation of Non-Assistance to the Responsible State
- Ch.48 The Obligation of Cooperation
- Preliminary Material
- 1 Introduction
- 2 The obligation to cooperate in the Articles on State Responsibility
- 3 The significance of the shift in emphasis
- 4 Relationship between the obligation to cooperate and the other Articles
- 5 Basis for the obligation in international law
- 6 Solidarity and neutrality
- 7 Conclusion
- Further reading
- Ch.49 International Criminal Responsibility of the State
- Ch.50 The ‘Transparency’ of the State
- Ch.51.1 Responsibility for Violations of Human Rights Obligations: International Mechanisms
- Ch.51.2 Responsibility for Violations of Human Rights Obligations: Inter-American Mechanisms
- Preliminary Material
- 1 Inter-American State responsibility
- 2 The implementation of Inter-American State responsibility
- Further reading
- Ch.51.3 Responsibility for Violations of Human Rights Obligations: European Mechanisms
- Preliminary Material
- 1 Responsibility of States under the European Convention on Human Rights
- (a) The notion of the breach of rights and freedoms of the Convention
- (b) The notion of ‘jurisdiction’ of defendant States and the problems of extra-territorial responsibility
- (c) Individual applications to the European Court of Human Rights
- (d) Consequences of the responsibility of States: just satisfaction and other forms of execution of the judgments of the Court
- (e) The devices resorted to by States to limit their responsibility: reservations, derogations, and immunities
- 2 Responsibility of States under the revised European Social Charter
- Conclusion
- Further reading
- Ch.51.4 Responsibility for Violations of Human Rights Obligations: African Mechanisms
- Ch.52 Responsibility and the World Trade Organization
- Ch.53 Responsibility and International Environmental Law
- Preliminary Material
- 1 From responsibility for a wrongful act to objective responsibility
- 2 New forms of responsibility in the framework of environmental law
- Further reading
- Ch.54.1 Other Specific Regimes of Responsibility: Investment Treaty Arbitration and ICSID
- Preliminary Material
- 1 The International Centre for the Settlement of Investment Disputes
- 2 The State/State and investor/State regimes distinguished
- 3 The notion of a ‘sub-system’ of State responsibility
- (a) Content of the sub-system of responsibility under the ICSID Convention
- (b) Non-applicability of inter-State rules for invocation of responsibility
- (c) Partial applicability of inter-State forms of reparation for injury
- (d) The law applicable to the substance of the investment dispute
- (e) The law applicable to the tribunal’s procedure
- Further reading
- Ch.54.2 Other Specific Regimes of Responsibility: The Iran-US Claims Tribunal
- Ch.54.3 Other Specific Regimes of Responsibility: The UN Compensation Commission
- Ch.55 Responsibility in the Context of the European Union Legal Order
- Ch.56 The ‘Polluter Pays’ Principle
- Ch.57 Reparation in the Event of a Circumstance Precluding Wrongfulness
- Ch.58 Maritime Law
- Ch.59 Space Law
- Ch.60 Nuclear Energy
- Preliminary Material
- 1 The general framework of ‘third party nuclear liability’
- 2 The fundamental provisions of the conventional third party nuclear liability
- Further reading
- Part V The Implementation of International Responsibility
- Ch.61 Overview of Part Three of the Articles on State Responsibility
- Ch.62 The Concept of an Injured State
- Ch.63 Plurality of Injured States
- Ch.64 States having an Interest in Compliance with the Obligation Breached
- Ch.65 Succession of States in Respect of Rights of an Injured State
- Ch.66 Invocation of Responsibility by International Organizations
- Preliminary Material
- 1 The injured international organization
- 2 Invocation of responsibility by an international organization which is not injured
- Further reading
- Ch.67 Individuals
- Ch.68 Peoples and Minorities
- Ch.69 Injuries to Corporations
- Ch.70 The International Community as a Whole
- Ch.71 Notice of Claim by an Injured State
- Ch.72 Waiver, Acquiescence, and Extinctive Prescription
- Ch.73 Diplomatic Protection
- Ch.74 Functional Protection
- Preliminary Material
- 1 The concept of functional protection
- 2 The implementation of functional protection
- Further reading
- Ch.75 The Diplomatic Channel
- Ch.76 Conciliation and Other Forms of Non-Binding Third Party Dispute Settlement
- Ch.77 Arbitration
- Ch.78 Resort to International Courts in Matters of Responsibility
- Ch.79 The Definition of Countermeasures
- Preliminary Material
- 1 The unilateral character of countermeasures
- 2 Pacific character of countermeasures (countermeasures and reprisals)
- 3 Intrinsic unlawfulness of countermeasures (countermeasures and retorsion)
- 4 Countermeasures and the challenge of treaties (countermeasures and reciprocity)
- 5 State control of countermeasures (countermeasures and sanctions)
- Further reading
- Ch.80 Countermeasures in Response to Grave Violations of Obligations Owed to the International Community
- Ch.81 Procedural Conditions
- Ch.82 Proportionality
- Ch.83 The Time Factor in the Application of Countermeasures
- Ch.84 Obligations Relating to Human Rights and Humanitarian Law
- Ch.85 Obligations Relating to the Use of Force and Arising from Peremptory Norms of International Law
- Ch.86 Other Non-Derogable Obligations
- Part I Introduction—Responsibility and International Law
- Further Material
- Appendices the ILC Texts
- Appendix 1 Draft articles on State Responsibility provisionally adopted by the International Law Commission on first reading (1996)
- Appendix 2 Articles on Responsibility of States for Internationally Wrongful Acts (2001)
- Appendix 3 Articles on Diplomatic Protection (2006)
- Appendix 4 Articles on Responsibility of International Organizations adopted by the International Law Commission on first reading (2009)
- Index
- Appendices the ILC Texts
