State Succession to Responsibility for Internationally Wrongful Acts

Grega Pajnkihar (Autor)

Buch | Hardcover

390 Seiten

2023
Martinus Nijhoff (Verlag)
978-90-04-67940-5 (ISBN)

Artikel merken

Based on a detailed analysis of the complete codified field of State succession and the relevant elements of State responsibility, this book introduces new observations, which can be applied to highly disputable succession to State responsibility.

Ongoing work of the International Law Commission on State succession with respect to State responsibility begs the question: how does this new matter fit into the broader concept of State succession? This book presents a detailed analysis of the complete codified field of State succession, with new observations and the relevant elements of State responsibility. Dr. Grega Pajnkihar provides insight into how these two areas of international law are interlinked and why State responsibility should not be treated differently from other matters of succession.

Grega Pajnkihar, Ph.D. (2020), University of Ljubljana, is a professional diplomat of the Republic of Slovenia. During his career, he was actively engaged with succession of Yugoslavia and was a Fulbright Scholar at George Washington University in Washington D.C.

Acknowledgements

Abbreviations

Introduction

Part 1

Succession of States

1 State Formation and Elements of State Succession

1.1 The Origins of the State

1.2 Succession

2 Succession to State Property

2.1 Definition of State Property

2.2 Principles and Rules for Succession to State Property

2.3 Types of State Property

2.4 State Practice with Continuing Legal Personality

2.5 Practice of States without Continuing Legal Personality

2.6 Conclusions

3 Succession to State Archives

3.1 Definition of State Archives

3.2 Principles and Rules for Succession to State Archives

3.3 State Practice with Continuing Legal Personality

3.4 State Practice without Continuing Legal Personality

3.5 Conclusions

4 Succession to State Debt

4.1 The Creditor as a Public or Private International Law Entity

4.2 Types of Debt

4.3 Principles and Rules for Succession to State Debt

4.4 State Practice with Continuing Legal Personality

4.5 State Practice without Continuing Legal Personality

4.6 Conclusions

5 Succession to Treaties

5.1 Definition of a Treaty

5.2 Types of Treaties and Other Sources of International Law

5.3 Principles and Rules for Succession to Treaties

5.4 State Practice with Continuing Legal Personality

5.5 State Practice without Continuing Legal Personality

5.6 Conclusions

6 Conclusions

6.1 Principles

6.2 Confirmed Rules

Part 2

Responsibility of States for Internationally Wrongful Acts

7 Definition of International Responsibility of States

7.1 Acts of a State

7.2 International Wrongfulness

8 Attribution of a Conduct

8.1 Conduct of State Organs in their Official Capacity

8.2 Special Cases of Attribution

9 Indirect Responsibility

9.1 Aid and Assistance

9.2 Direction and Control over the Actions of Another State

9.3 Coercion

10 Rights and Obligations Arising from International Responsibility

10.1 Obligation of the Breaching State to Cease the Wrongful Conduct

10.2 Assurances and Guarantees of Non-repetition

10.3 Reparations

10.4 Contribution of an Injured State to the Injury and Duty to Mitigate the Consequences

10.5 Consequences of Serious Breaches of Jus Cogens

10.6 Circumstances Precluding Wrongfulness

11 Invocation of International Responsibility

12 Conclusions

Part 3

State Succession to International Responsibility

13 Definition of State Succession to Responsibility for Internationally Wrongful Acts

13.1 Object of State Succession to Responsibility for Internationally Wrongful Acts

13.2 Time Frames for Succession to International Responsibility

13.3 Theoretical Foundations of Succession to International Responsibility

14 Types of State Succession to International Responsibility

14.1 Fictitious Succession to International Responsibility

14.2 Real Succession to International Responsibility

15 Conclusions

Literature

Index

Erscheinungsdatum	12.09.2023
Reihe/Serie	Developments in International Law ; 77
Sprache	englisch
Maße	155 x 235 mm
Gewicht	795 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Öffentliches Recht ► Völkerrecht
ISBN-10	90-04-67940-5 / 9004679405
ISBN-13	978-90-04-67940-5 / 9789004679405
Zustand	Neuware