State Responsibility before International and Domestic Courts: The Impact and Influence of the ILC Articles...

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Simon Olleson (Barrister, Barrister, 13 Old Square Chambers)

State Responsibility before International and Domestic Courts

The Impact and Influence of the ILC Articles

Simon Olleson (Barrister, Barrister, 13 Old Square Chambers)

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English

Oxford University Press
10 October 2013

Treaties & other sources of international law; Responsibility of states & other entities; Settlement of international disputes; Government powers

The law of state responsibility is one of the cornerstones of the modern international legal system, regulating when a state can be held accountable for breaching its obligations under international law, and the consequences of such a breach. The International Law Commission's Articles on Responsibility of States for Internationally Wrongful Act were adopted in 2001 and subsequently endorsed by the UN General Assembly. They are an influential attempt to codify and progressively develop this fundamental part of international law. Although they have not been further formalised in a treaty, they have gained considerable prominence and many provisions are now regarded as representing customary international law. This book is a study of the instances in which the Articles have been cited and referred to by international courts and tribunals, other international quasi-judicial bodies, and domestic courts. It provides a detailed assessment of the Articles' current status and the contribution they have made to the development of international law in this area. The book consists of an introduction, and 59 discrete sections, corresponding to the 59 individual provisions of the International Law Commission's Articles. It provides key extracts from all relevant publicly available cases, alongside background information, key texts, as well as critical commentary, particularly in relation to those decisions which reject or are inconsistent with the approach suggested by the International Law Commission as reflected in the Articles. The book comprehensively draws together all relevant, publicly available decisions of international courts and tribunals referring to the Articles, alongside many relevant domestic decisions. It gives readers a full understanding of the extent to which individual provisions of the Articles have been judicially cited and relied upon. This makes it a valuable resource and research tool for legal practitioners, scholars, and students working on the topic of state responsibility in international law.

By: Simon Olleson (Barrister Barrister 13 Old Square Chambers)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9780199687572
ISBN 10: 0199687579
Pages: 720
Publication Date: 10 October 2013
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

PART ONE - THE INTERNATIONALLY WRONGFUL ACT OF A STATE; PART TWO - CONTENT OF THE INTERNATIONAL RESPONSIBILITY OF A STATE; PART THREE - THE IMPLEMENTATION OF THE INTERNATIONAL RESPONSIBILITY OF A STATE; PART FOUR - GENERAL PROVISIONS

Simon Olleson is a barrister at 13 Old Square Chambers, specialising in international law. He was previously a Fellow of the Lauterpacht Centre for International Law in Cambridge and the British Institute of International and Comparative Law. He has published widely on international law, and is co-editor of The Law of International Responsibility (OUP, 2010).