Overview

The law of international responsibility plays a fundamental role in the modern system of international law, surpassed by none and paralleled only by the law of treaties. The volume seeks to cover the entirety of the field of international responsibility, with a particular focus on the work of the International Law Commission. It provides detailed discussion and analysis of the historically predominant topics of State responsibility, on which the ILC completed its work in 2001, and the specific sub-topic of diplomatic protection, work on which was completed by the ILC in 2006. However, it also covers both the topic of responsibility of international organizations, on which the ILC's work is ongoing (a set of draft Articles having been adopted on first reading in 2009), and that of liability for harmful activities not prohibited under international law on which the ILC adopted drafts in 2001 and 2006.The volume comprises contributions on specific issues in the international law of responsibility, authored by an international team of specialists in the field, which provides a comprehensive commentary of all aspects of the topic. The chapters are detailed in their coverage, discussing both international jurisprudence and doctrinal controversies, as well as providing a critical assessment of the relevant work of the ILC. In addition to providing detailed consideration of the general secondary rules of international responsibility, coverage is also included of certain specific systems of responsibility and their relationship with the general rules under a number of specialised regimes, in particular under certain human rights treaties, the WTO, and investment protection treaties.

Full Product Details

Author:   James Crawford (Whewell Professor of International Law, University of Cambridge, and Director, Lauterpacht Centre for International Law) ,  Alain Pellet (Professor of Public International Law, University of Paris X - Nanterre) ,  Simon Olleson (Barrister, Lincoln's Inn) ,  Dr Kate Parlett (Associate, Freshfields Bruckhaus Deringer, Paris, Associate, Freshfields Bruckhaus Deringer, Paris)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.70cm , Height: 6.30cm , Length: 24.90cm
Weight:   2.446kg
ISBN:  

9780199296972

ISBN 10:   0199296979
Pages:   1376
Publication Date:   20 May 2010
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

"Part I Introduction - Responsibility and International Law 1: Alain Pellet: The Definition of Responsibility in International Law 2: James Crawford: The System of International Responsibility 3: Eric David: Primary and Secondary Rules Part II International Responsibility - Development and Relationship with Other Areas of Law 4: Patrick Daillier: The Development of the Law of Responsibility in the Case Law 5: Martti Koskenniemi: Doctrines of State Responsibility 6: Lucie Laithier: Private Codification Efforts 7: Clémentine Bories: The Hague Conference of 1930 8: Daniel Müller: The Work of García-Amador on State Responsibility for Injury Caused to Aliens 9: Alain Pellet: The ILC's Articles on State Responsibility 10: Alan Boyle: Liability for Injurious Consequences of Acts Not Prohibited by International Law 11: Joe Verhoeven: The Law of Responsibility and the Law of Treaties 12: Vera Gowlland-Debbas: Responsibility and the United Nations Charter 13: Bruno Simma & Dirk Pulkowski: Leges speciales and Self-Contained Regimes 14: Jean-Marc Sorel: The Emergence of ""Soft"" Responsibility 15: Pierre-Marie Dupuy: Relations between the International Law of Responsibility and Responsibility in Municipal Law Part III The Sources of International Responsibility 16: Gilbert Guillaume: Overview of Part One of the Articles on State Responsibility 17: Brigitte Stern: The Elements of an Internationally Wrongful Act 18: Luigi Condorelli & Claus Kress: The Rules of Attribution: General Considerations 19: Djamchid Momtaz, Gérard Cahin & Olivier de Frouville: Attribution of Conduct to the State 20: Christian Domincé: Attribution of Conduct to Multiple States and the Implication of a State in the Act of Another State 21: Václav Mikulka: State Succession and Responsibility 22: Pierre Klein: Attribution of Conduct to International Organizations 23: Christian Tomuschat, Gérard Cahin & Anna-Karin Lindblom: The Responsibility of Other Entities 24: Franck Latty: Actions and Omissions 25: Yumi Nishimura: Source of the Obligation 26: Constantin Economides: Content of the Obligation: Obligations of Means and Obligations of Result 27: Jean Salmon: Duration of the Breach 28: Paul Tavernier: Relevance of the Inter-temporal Law 29: James Crawford: International Crimes of States 30: Antonio Cassese: The Character of the Violated Obligation 31: Paola Gaeta: The Character of the Breach 32: Sandra Szurek: The Notion of Circumstances Precluding Wrongfulness 33: Affef Ben Mansour, Maja Ménard, Jean-Marc Thouvenin, Hubert Lesaffre, Sandra Szurek & Sarah Heathcote: Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility 34: Michel Montjoie: The Concept of Liability in the Absence of an Internationally Wrongful Act 35: Philippe Guttinger: Allocation of Responsibility for Harmful Consequences of Acts not Prohibited by International Law 36: Gerhard Hafner & Isabelle Buffard: Obligations of Prevention and the Precautionary Principle Part IV The Content of International Responsibility 37: Roslyn Higgins: Overview of Part Two of the Articles on State Responsibility 38: Olivier Corten: The Obligation of Cessation 39: Sandrine Barbier: Assurances and Guarantees of Non-Repetition 40: Brigitte Stern: The Obligation of Reparation 41: Yann Kerbrat: Interaction Between the Forms of Reparation 42: Christine Gray, John Barker, Elihu Lauterpacht, Eric Wyler & Alain Papaux: The Different Forms of Reparation 43: Anaïs Moutier-Lopet: Contribution to the Injury 44: Alexander Orakhelashvili: Division of Reparation between Responsible Entities 45: Stephan Wittich: Punitive Damages 46: Martin Dawidowicz: The Obligation of Non-Recognition of an Unlawful Situation 47: Nina Jørgensen: The Obligation of Non-Assistance of the Responsible State 48: Nina Jørgensen: The Obligation of Cooperation 49: Antoine Ollivier: International Criminal Responsibility of the State 50: Rafaëlle Maison: The ""Transparency"" of the State 51: Susan Marks, Fiorentina Azizi, Raphaële Rivier, Jean-Paul Costa & Habib Gherari: Responsibility for Violations of Human Rights Obligations 52: Joanna Gomula: Responsibility and the World Trade Organization 53: Céline Nègre: Responsibility and International Environmental Law 54: Zachary Douglas, Daniel Müller & Drazen Petrovic: Other Specific Regimes of Responsibility 55: Jean-Marc Thouvenin: Responsibility in the Context of European Community Law 56: Régis Chemain: The ""Polluter Pays"" Principle 57: Mathias Forteau: Reparation in the Event of a Circumstance Precluding Wrongfulness 58: Gabriel Nakhleh & Mikael Quimbert: The Law of the Sea 59: Mathias Forteau: Space Law 60: Michel Montjoie: Nuclear Energy Part V The Implementation of International Responsibility 61: James Crawford: Overview of Part Three of the Articles on State Responsibility 62: Giorgio Gaja: The Concept of an Injured State 63: Rosaria Huesa Vinaixa: Plurality of Injured States 64: Giorgio Gaja: States having an Interest in Compliance with the Obligation Breached 65: Václav Mikulka: Succession of States in respect of Rights of an Injured State 66: Eglantine Cujo: Invocation of Responsibility by International Organizations 67: Christian Tomuschat: Individuals 68: Anne-Laure Vaurs-Chamette: Peoples and Minority Groups 69: Vaughan Lowe: Corporations 70: Anne-Laure Vaurs-Chamette: The International Community as a Whole 71: Jacqueline Peel: Notice of Claim by an Injured State 72: Christian Tams: Waiver, Acquiescence and Extinctive Prescription 73: John Dugard: Diplomatic Protection 74: Muriel Ubéda-Saillard & Myriam Benlolo-Carabot: Functional Protection 75: Michael Waibel: The Diplomatic Channel 76: Nadine Susani: Conciliation and Other Forms of Non-Binding Third Party Dispute Settlement 77: Frederique Coulée: Arbitration 78: Gilles Cottereau: Resort to International Courts 79: Denis Alland: The Definition of Countermeasures 80: Linos-Alexandre Sicilianos: Countermeasures in Response to Grave Violations of Obligations owed to the International Community as a Whole 81: Yuji Iwasawa & Naoki Itwatsuki: Procedural Conditions 82: Roger O'Keefe: Proportionality 83: Maurice Kamto: The Time Factor in the Application of Countermeasures 84: Simon Olleson & Silvia Borelli: Obligations Relating to Human Rights and Humanitarian Law 85: Charles Leben: Obligations Relating to the Use of Force and Deriving from Peremptory Norms of International Law 86: Laurence Boisson de Chazournes: Other Non-Derogable Obligations The ILC Texts Draft Articles on State Responsibility (as adopted on first reading), 1996 Articles on Responsibility of States for Internationally Wrongful Acts, 2001 Articles on Diplomatic Protection, 2006 Draft Articles on Responsibility of International Organizations (as adopted on first reading), 2009"

Reviews

Despite international law's breadth and depth, it is difficult to find a topic which would not somehow benefit from insights included in this book. The bookshould be a first port of call for academics and practitioners of international law interested in this area. With its carefully written entries and wealth of information, this book makes a great systematic contribution to international law scholarship. Gentian Zyberi, International Law Observer

...it cannot be doubted that some of the works contained in this commentary shall remain of enduring importance. * Sahib Singh, Austrian Review of International and European Law * ... this book definitely should be part of the international law collection of any serious law library. It should also be the first point of departure for any serious researcher on the topic of international responsibility. * Sienho Yee, Chinese Journal of International Law * Despite international law's breadth and depth, it is difficult to find a topic which would not somehow benefit from insights included in this book. The bookshould be a first port of call for academics and practitioners of international law interested in this area. With its carefully written entries and wealth of information, this book makes a great systematic contribution to international law scholarship. * Gentian Zyberi, International Law Observer *

<br> There is no doubt that this has, or will, become the seminal work in the burgeoning field of international responsibility. A word of advice for all law librarians, advanced International Law course professors, and international decision-makers: 'Don't leave home [or go to an office] without it.' <br>--ASIL UN21 Newsletter, Issue #42, September 2011<p><br>

Author Information

James Crawford SC, FBA, is Director of the Lauterpacht Centre, University of Cambridge, Whewell Professor of International Law and a Fellow of Jesus College. He was a Member of the United Nations International Law Commission from 1992-2001 and Special Rapporteur on State Responsibility (1997-2001). In addition to scholarly work on statehood, self-determination, collective rights and international responsibility, he has appeared frequently before the International Court of Justice including in the Advisory Opinions on Nuclear Weapons (1996) and the Israeli Wall/Barrier (2004). He has also appeared before other international tribunals, and is actively engaged as an international arbitrator. Alain Pellet teaches international law at the University of Paris X-Nanterre and was the Director of the Centre de Droit International (CEDIN) from 1991 to 2001. He has received many international decorations and was made a Knight of the Legion of Honour in 1998 for his services to the French state. He is one of the most distinguished French experts on international law and has not only been an advisor to the French Government for many years but has also made a name for himself as the representative of several other states before the International Court of Justice in The Hague. He is one of the most active practitioners before the International Court of Justice as a Counsel. In addition, he acts in an advisory capacity to international organisations in issues concerning administration and international legislation. A member of the International Law Commission of the United Nations since 1990, he was their chairman in 1997. Simon Olleson's practice specializes in public international law, providing advice and advocacy in relation to traditional inter-State disputes, including before the International Court of Justice, investment protection disputes, international human rights law, issues of sovereign immunity, State succession and the law of the sea. Prior to coming to the Bar, Simon was a Research Associate and subsequently Fellow at the Lauterpacht Centre for International Law of the University of Cambridge, with which he still retains links. He acted as assistant to Professor James Crawford, Special Rapporteur on State Responsibility, in the summer of 2001 during the International Law Commission's final consideration and adoption of the Articles on Responsibility of States for Internationally Wrongful Acts and accompanying commentaries.

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