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State Responsibility in the International Legal Order: A Critical Appraisal

State Responsibility in the International Legal Order: A Critical Appraisal

Author: Katja Creutz
Publisher: Cambridge University Press
ISBN: 9781108494298

Published In: September 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781108736930

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Description
Contents

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State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.

Provides a comprehensive and critical analysis of the general law of State responsibility, one of the cornerstones of international law
Takes a broad perspective to responsibility in international law by exploring State responsibility on its own merits, as well as against the background of alternative forms of responsibility
Introduces a functional analysis of State responsibility stressing the importance of practical utility next to normative significance

1. Contemporary Challenges to State Responsibility

2. The Evolution of State Responsibility

3. Problems in the General Law of State Responsibility

4. Alternative Constructions of Responsibility

5. Conclusions