State Responsibility: The General Part (Cambridge Studies in International and Comparative Law)
Cambridge University Press, 7/18/2013
EAN 9780521822664, ISBN10: 0521822661
Hardcover, 906 pages, 22.9 x 15.2 x 4.8 cm
Language: English
Annexed to GA Resolution 56/83 of 2001, the International Law Commission's Articles on Responsibility for Internationally Wrongful Acts put the international law of responsibility on a sound footing. As Special Rapporteur for the second reading, James Crawford helped steer it to a successful conclusion. With this book, he provides a detailed analysis of the general law of international responsibility and the place of state responsibility in particular within that framework. It serves as a companion to The International Law Commission's Articles on State Responsibility: Introduction, Text and Commentaries (Cambridge, 2002) and is essential reading for scholars and practitioners concerned with issues of international responsibility, whether they arise in interstate relations, in the context of arbitration or litigation, or in bringing international claims.
Part I. The Framework of Responsibility
1. Historical development
2. Key concepts
3. Corollaries of breach of an international obligation
Part II. Attribution to the State
4. Organs and entities exercising governmental authority
5. Direction and control by the State
6. Other cases of attribution
Part III. Breach
7. Breach
the material element
8. Breach
the temporal element
9. Circumstances precluding wrongfulness
Part IV. Collective or Ancillary Responsibility
10. Responsibility in cases of joint or collective conduct
11. Responsibility for breaches of communitarian norms
12. Ancillary and secondary responsibility
13. Succession to responsibility
Part V. Cessation and Reparation
14. Restoration of legal relations after breach
15. Reparation
16. Remedies
Part VI. The Implementation of Responsibility
17. The claims process
18. Claims on behalf of others
diplomatic and functional protection
19. Implementation of responsibility by judicial process
20. Invocation in cases involving multiple parties
21. Implementation of responsibility by extra-judicial process
Appendix 1. ILC Articles on Responsibility of States for Internationally Wrongful Acts (2001)
Appendix 2. General Assembly Resolution 56/83, 12 December 2001
General Assembly Resolution 59/35, 2 December 2004
General Assembly Resolution 62/61, 6 December 2007
General Assembly Resolution 65/19, 6 December 2010
Appendix 3. ILC Draft Articles on Diplomatic Protection (2006)
Appendix 4. ILC Draft Articles on State Responsibility (as proposed by F. V. GarcÃÂa-Amador, 1961)
Appendix 5. ILC Draft Articles on State Responsibility (as adopted on first reading, 1996)
Appendix 6. ILC Draft Articles on Responsibility of International Organizations (2010).