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OverviewOngoing 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. Full Product DetailsAuthor: Grega PajnkiharPublisher: Brill Imprint: Martinus Nijhoff Volume: 77 Weight: 0.795kg ISBN: 9789004679405ISBN 10: 9004679405 Pages: 390 Publication Date: 30 August 2023 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: In Print This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsAcknowledgements Abbreviations Introduction Part 1 Succession of States 1 State Formation and Elements of State Succession 1.1 The Origins of the State 1.2 Succession 2 Succession to State Property 2.1 Definition of State Property 2.2 Principles and Rules for Succession to State Property 2.3 Types of State Property 2.4 State Practice with Continuing Legal Personality 2.5 Practice of States without Continuing Legal Personality 2.6 Conclusions 3 Succession to State Archives 3.1 Definition of State Archives 3.2 Principles and Rules for Succession to State Archives 3.3 State Practice with Continuing Legal Personality 3.4 State Practice without Continuing Legal Personality 3.5 Conclusions 4 Succession to State Debt 4.1 The Creditor as a Public or Private International Law Entity 4.2 Types of Debt 4.3 Principles and Rules for Succession to State Debt 4.4 State Practice with Continuing Legal Personality 4.5 State Practice without Continuing Legal Personality 4.6 Conclusions 5 Succession to Treaties 5.1 Definition of a Treaty 5.2 Types of Treaties and Other Sources of International Law 5.3 Principles and Rules for Succession to Treaties 5.4 State Practice with Continuing Legal Personality 5.5 State Practice without Continuing Legal Personality 5.6 Conclusions 6 Conclusions 6.1 Principles 6.2 Confirmed Rules Part 2 Responsibility of States for Internationally Wrongful Acts 7 Definition of International Responsibility of States 7.1 Acts of a State 7.2 International Wrongfulness 8 Attribution of a Conduct 8.1 Conduct of State Organs in their Official Capacity 8.2 Special Cases of Attribution 9 Indirect Responsibility 9.1 Aid and Assistance 9.2 Direction and Control over the Actions of Another State 9.3 Coercion 10 Rights and Obligations Arising from International Responsibility 10.1 Obligation of the Breaching State to Cease the Wrongful Conduct 10.2 Assurances and Guarantees of Non-repetition 10.3 Reparations 10.4 Contribution of an Injured State to the Injury and Duty to Mitigate the Consequences 10.5 Consequences of Serious Breaches of Jus Cogens 10.6 Circumstances Precluding Wrongfulness 11 Invocation of International Responsibility 12 Conclusions Part 3 State Succession to International Responsibility 13 Definition of State Succession to Responsibility for Internationally Wrongful Acts 13.1 Object of State Succession to Responsibility for Internationally Wrongful Acts 13.2 Time Frames for Succession to International Responsibility 13.3 Theoretical Foundations of Succession to International Responsibility 14 Types of State Succession to International Responsibility 14.1 Fictitious Succession to International Responsibility 14.2 Real Succession to International Responsibility 15 Conclusions Literature IndexReviewsAuthor InformationGrega Pajnkihar, Ph.D. (2020), University of Ljubljana, is a professional diplomat of the Republic of Slovenia. During his career, he was actively engaged with succession of Yugoslavia and was a Fulbright Scholar at George Washington University in Washington D.C. Tab Content 6Author Website:Countries AvailableAll regions |