Theories of International Responsibility Law

International Law

Theories of International Responsibility Law

By Samantha Besson
Cambridge University Press September 2022

Specifications

ISBN-13
9781009208536
Publisher
Cambridge University Press
Publication
September 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

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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