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System of the Law of Nations : State Responsibility Part I - Ian Brownlie

System of the Law of Nations

State Responsibility Part I

Hardcover Published: 20th October 1983
ISBN: 9780198254522
Number Of Pages: 288

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Brownlie's analysis and assessment should certainly promote tighter and better drafting, while encouraging, among practical and practicing lawyers, clearer thinking about claims and rights, wrongs and reparation, and the sheer mechanics of state responsibility.-Guy S. Goodwin-Gill in The American Journal of International Law. "The author's crisp style renders this a remarkably handy volume considering its wealth of information and its extensive provision of original materials."-Gunther F. Handl in International Lawyer. An invaluable source for all those involved in the teaching or practice of international law, this authoritative study provides a detailed analysis of the substantive principles of state responsibility.

Abbreviationsp. x
Table of Casesp. xii
The History of State Responsibilityp. 1
Perspective
The origins
Systematic treatment in the literature, 1840-1930
Special concerns of the literature
The Question of Codificationp. 10
Introductory
Codification by private bodies
The work of regional organizations and agencies
The work of the League of Nations
Codification by the International Law Commission
The feasibility of a convention
The Nature of State Responsibilityp. 22
Introductory
Examples of protest in state practice
The issue of responsibility and the issue of illegality
Is there a law of direct international wrongs?
The problem of criminal responsibility
The concept of sanctions
Conceptual Foundationsp. 35
Introductory
Imputability
Boundaries of responsibility
Objective responsibility
Controversy concerning fault and strict liability
The proper role of fault (culpa)
Intention and motive
The individuality of issues: the Corfu Channel Case
Liability for 'lawful acts'
Abuse of rights
Causes of Action in the Law of Nationsp. 53
Introductory
The significance of defining a cause of action
A calendar of causes of action
Concepts and distinctions
The fundamental causes of action
General observations
Protest and Claim in the Practice of Statesp. 89
Introductory
Types of state practice
Diplomatic correspondence
Claims settlements
Practice of the organs of the United Nations
Responsibility for Acts of State Organs and Agentsp. 132
Introduction: the use of categories
Liability for acts of minor officials
What are state organs?
Heads of State and members of governments
Diplomatic agents and consular officers
Executive and administration
Armed forces
Federal units, provinces and other internal divisions
The legislature
The judiciary
Ultra vires acts of organs and officials
Breaches of duty emerging from a system of administration or a general policy
Provenance of harm and failure to exercise proper control
Responsibility on the basis of approval and adoption of harmful acts
Responsibility for the Acts of Private Personsp. 159
Introductory
The principles stated
Evaluation of the principles states
The approach of the International Law Commission
The burden of proof
Acts of private individuals (being nationals) outside state territory
Responsibility in Case of Insurrection and Civil Warp. 167
Considerations of principle
The diverse positions
Arbitral jurisprudence
State practice
Assumption of responsibility by the respondent state
Routine administrative acts by organs of the insurgent or revolutionary forces
Granting an amnesty to insurgents
Relevance of recognition of belligerency
Responsibility for acts of successful insurgents
Proviso: duties in respect of diplomatic agents and certain others
Physical Control as an Element of Liability for Harmful Acts or Consequences Outside State Territoryp. 180
Introductory
Duties to control sources of danger within the state
Extra-territorial consequences of dangerous operations on state territory
Control of state organs operating beyond the frontiers
Responsibility arising from a duty to control the activities of private persons
Treaty provisions referring to jurisdiction
Acts of transferred or loaned officials or organs
Direction or control of another state
Joint Responsibilityp. 189
Introductory
Joint participation
Joint responsibility arising from certain relationships
Acts Having a Continuing Characterp. 193
Introductory
Acts becoming unlawful
Continuing acts
'Composite' and 'complex' acts
The Forms and Function of Reparationp. 199
Introductory
Declaratory judgments
Satisfaction
Restitution in kind and restitution in integrum
Compensation
Compensatory interest
Currency of valuation
General observations
Cases of 'direct injury' to the state interest
Appendices
Obligations of Result and Obligations of Meansp. 241
Canadian Claim for Damage Caused by Soviet Cosmos 954, 1978p. 277
I.L.C. Draft Articlesp. 284
Indexp. 295
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780198254522
ISBN-10: 0198254520
Series: System of the Law of Nations, Part I
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 288
Published: 20th October 1983
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 23.77 x 16.1  x 2.59
Weight (kg): 0.65

Earn 258 Qantas Points
on this Book

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