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Justification and Excuse in International Law: Concept and Theory of General Defences

Justification and Excuse in International Law: Concept and Theory of General Defences

Name: Justification and Excuse in International Law: Concept and Theory of General Defences
Brand: Cambridge University Press
SKU: 9781107106208
Price: 1235.78 HKD
Availability: InStock
Author: Federica Paddeu
ISBN: 9781107106208

By Federica Paddeu

Cambridge University Press January 2018

Specifications

ISBN-13: 9781107106208
Publisher: Cambridge University Press
Publication: January 2018
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

The defences available to a state under the law of state responsibility can be considered either justifications (which render acts lawful) or excuses (excluding the responsibility of the state for wrongful conduct). This book is the first to comprehensively examine the distinction, informed by state practice and theoretical considerations.

The book shows that the distinction, often dismissed as one of mere academic distinction, carries significant practical implications in respect of, among others, the responsibility of accessories to the wrongful act, compensation for material breach, suspension and termination following a material breach of treaty, and impact on the normative pull of rules.

Combining an analysis of state practice, the historical development of the defences, their concept and rationale, and the theory of justification and excuse, the author proposes a classification of the six defences recognised in the Articles on State Responsibility adopted by the International Law Commission in 2001.

Introduction

1. Justification and excuse in international law

2. Consent

3. Self-defence

4. Countermeasures

5. Force majeure

5. State of necessity

6. Distress

Conclusion.

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