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Look Inside Theories of International Responsibility Law

Theories of International Responsibility Law

£95.00

Part of ASIL Studies in International Legal Theory

Editor: Samantha Besson, Collège de France, Paris

Samantha Besson, Dario Mantovani, André Nollkaemper, R. A. Duff, Alon Harel, Julian Kulaga, Jan Klabbers, Paolo Palchetti, Liam Murphy, Pierre d'Argent, Sean Fleming, Jean d'Aspremont, Frédéric Constant, Chibli Mallat, Ousmane Oumarou Sidibé, Krzysztof Wojtyczek, Mireille Delmas-Marty,Pierre-Marie Dupuy

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Date Published: September 2022
availability: Available
format: Hardback
isbn: 9781009208536

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There is no issue more central to a legal order than responsibility, and yet the dearth of contemporary theorizing on international responsibility law is worrying for the state of international law. The volume brings philosophers of the law of responsibility into dialogue with international responsibility law specialists. Its tripartite structure corresponds to the three main theoretical challenges in the contemporary practice of international responsibility law: the public and private nature of the international responsibility of public institutions; its collective and individual dimensions; and the place of fault therein. In each part, two international lawyers and two philosophers of responsibility law address the most pressing questions in the theory of international responsibility law. The volume closes with a comparative 'world tour' of the responsibility of public institutions in four different legal cultures and regions, identifying stepping-stones and stumbling blocks on the path towards a common law of international responsibility.
- Provides a major and unique example of inter-disciplinary and multi-disciplinary discussion on the question of international responsibility, showing how different disciplines can interact to address the most pressing questions in the theory of international responsibility law
- Approaches the issues both from a conceptual and practical angle, drawing on the expertise of the diverse contributors
- Presents readers with new issues and new ways of thinking, using new materials for scholars, States, IOs and courts to navigate novel ways of interpreting the existing law
- Provides a comparative analysis of international responsibility law in several legal cultures and regions
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Product details
- Date Published: September 2022
- format: Hardback
- isbn: 9781009208536
- length: 400 pages
- dimensions: 235 x 157 x 25 mm
- weight: 0.69kg
- availability: Available
Table of Contents
Theorizing international responsibility law, an introduction Samantha Besson
Part I. International Responsibility of Public Institutions: Public and/or Private?:
1. From 'respondere' to 'responsibility': A Roman lawyer's gloss on the international law of state responsibility Dario Mantovani
2. Change in the law of international responsibility André Nollkaemper
3. State responsibility: an outsider's view R. A. Duff
4. Responsibility of states for wrongdoing: who is to decide? Alon Harel and Julian Kulaga
Part II. International Responsibility of Public Institutions: Collective and/or Individual?:
5. Responsibility as opportunism: the responsibility of international organizations Jan Klabbers
6. Responsibility of members of an international organization: collective and/or individual? Paolo Palchetti
7. International responsibility for global environmental harm: collective and individual Liam Murphy
8. Justifying liability for state remedial duties Sandy Steel
Part III. International Responsibility of Public Institutions: Fault-Based or Not?
9. Responsibility or liability: is it really that simple? Pierre d'Argent
10. Causation, fault, and function in the rules of attribution Sean Fleming
11. Time travel in the law of international responsibility Jean d'Aspremont
Part IV. Responsibility of Public Institutions: A World Tour:
12. The responsibility of public authorities in China Frédéric Constant
13. Liability of public institutions in Middle Eastern law Chibli Mallat
14. The responsibility of public institutions in Africa: a legal framework in the making Ousmane Oumarou Sidibé
15. State responsibility from a Central European perspective Krzysztof Wojtyczek
16. Comparative and prospective comments on the 'world tour' of the concept of public responsibility Mireille Delmas-Marty
Conclusion: responsibility at the crossroad between philosophy and law Pierre-Marie Dupuy.
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Editor
Samantha Besson, Collège de France, Paris
Samantha Besson holds the Chair Droit international des institutions at the Collège de France and is Professor of Public International Law and European Law at the University of Fribourg, Switzerland. She is an associate member of the Institute of International Law and co-chair of the ILA Study Group on the International Law of Regional Organizations.
Contributors
Samantha Besson, Dario Mantovani, André Nollkaemper, R. A. Duff, Alon Harel, Julian Kulaga, Jan Klabbers, Paolo Palchetti, Liam Murphy, Pierre d'Argent, Sean Fleming, Jean d'Aspremont, Frédéric Constant, Chibli Mallat, Ousmane Oumarou Sidibé, Krzysztof Wojtyczek, Mireille Delmas-Marty,Pierre-Marie Dupuy