International Responsibility For Hostile Acts Of Private Persons Against Foreign States

International Responsibility for Hostile Acts of Private Persons against Foreign States PDF
Author: Manuel R. García-Mora
Publisher: Springer Science & Business Media
ISBN: 9401507228
Size: 27.86 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 207
View: 3009

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International Responsibility For Hostile Acts Of Private Persons Against Foreign States

by Manuel R. García-Mora, International Responsibility For Hostile Acts Of Private Persons Against Foreign States Books available in PDF, EPUB, Mobi Format. Download International Responsibility For Hostile Acts Of Private Persons Against Foreign States books, Mankind's preoccupation with survival in this age has given renewed impetus to the idea of a world community deeply concerned with the prevention of friction between nations. The achievement to date has been largely in terms of efforts to control acts of aggression committed by governments. Most people have assumed that the military rivalry between the great powers is the only threat confronting the world today. While readily conceding that this threat has placed mankind in a highly precarious situation, this book, on the other hand, reflects my conviction that any program designed to attain world peace will be significantly incomplete without the control of hostile actions which private persons have been known to commit against foreign nations. Experience shows that these actions not only endanger the good re lations between states, but are also likely to plunge the world com munity into wars, thus spreading destruction and human suffering everywhere.


The International Law Commission S Draft Articles On State Responsibility

The International Law Commission s Draft Articles on State Responsibility PDF
Author: United Nations. International Law Commission
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792311799
Size: 67.83 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 380
View: 2583

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The International Law Commission S Draft Articles On State Responsibility

by United Nations. International Law Commission, The International Law Commission S Draft Articles On State Responsibility Books available in PDF, EPUB, Mobi Format. Download The International Law Commission S Draft Articles On State Responsibility books, This volume contains a consolidated reproduction of Part One (articles 1 to 35) of the Draft Article on State Responsibility and their important Commentaries, prepared by the International Law Commission in the period ending in 1980. These articles deal with the origin of international responsibility, including general principles, the act of State, breach of an international obligation, and circumstances precluding wrongfulness. They were drawn up on the basis of eight reports submitted by the Special Rapporteur, Professor, now Judge Roberto Ago. An introduction written by Shabtai Rosenne traces the history of the official codification of the topic of State Responsibility since the League of Nations first broached the matter in 1924. State Responsibility is central to the daily practice of international law, and its systematic treatment is central to the codification process. The International Law Commission is continuing work on the topic. In the meantime, the articles of Part One, now concentrated for the first time in a single volume, are the major starting point for this work. This volume will be of great value to practitioners, teachers and students of international law. Shabtai Rosenne was a member of the International Law Commission from 1962 to 1971, when the basic decisions regarding the approach to the current phase of the work were taken.


Terrorism And The State

Terrorism and the State PDF
Author: Tal Becker
Publisher: Bloomsbury Publishing
ISBN: 184731015X
Size: 40.55 MB
Format: PDF
Category : Law
Languages : en
Pages : 304
View: 7020

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Terrorism And The State

by Tal Becker, Terrorism And The State Books available in PDF, EPUB, Mobi Format. Download Terrorism And The State books, Winner of the 2007 Paul Guggenheim Prize! Today's terrorists possess unprecedented power, but the State still plays a crucial role in the success or failure of their plans. Terrorists count on governmental inaction, toleration or support. And citizens look to the State to protect them from the dangers that these terrorists pose. But the rules of international law that regulate State responsibility for preventing terrorism were crafted for a different age. They are open to abuse and poorly suited to hold States accountable for sponsoring or tolerating contemporary terrorist activity. It is time that these rules were reconceived. Tal Becker's incisive and ground-breaking book analyses the law of State responsibility for non-State violence and examines its relevance in a world coming to terms with the threat of catastrophic terrorism. The book sets out the legal duties of States to prevent, and abstain from supporting, terrorist activity and explores how to maximise State compliance with these obligations. Drawing on a wealth of precedents and legal sources, the book offers an innovative approach to regulating State responsibility for terrorism, inspired by the principles and philosophy of causation. In so doing, it presents a new conceptual and legal framework for dealing with the complex interactions between State and non-State actors that make terrorism possible, and offers a way to harness international law to enhance human security in a post-9/11 world.


Fighting Terrorism In The Liberal State

Fighting Terrorism in the Liberal State PDF
Author: Samuel Peleg
Publisher: IOS Press
ISBN: 1586036009
Size: 54.81 MB
Format: PDF, Docs
Category : Social Science
Languages : en
Pages : 197
View: 1884

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Fighting Terrorism In The Liberal State

by Samuel Peleg, Fighting Terrorism In The Liberal State Books available in PDF, EPUB, Mobi Format. Download Fighting Terrorism In The Liberal State books, Contains papers that illustrate the balanced dichotomy between terrorism and counter-terrorism against the background of the liberal state. How to establish the equilibrium of combating terrorism while preserving the liberties of the open society? This book begins with this question and tackles different aspects and dimensions of this dilemma.


Complicity And Its Limits In The Law Of International Responsibility

Complicity and its Limits in the Law of International Responsibility PDF
Author: Vladyslav Lanovoy
Publisher: Bloomsbury Publishing
ISBN: 1782259376
Size: 13.73 MB
Format: PDF
Category : Law
Languages : en
Pages : 440
View: 7002

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Complicity And Its Limits In The Law Of International Responsibility

by Vladyslav Lanovoy, Complicity And Its Limits In The Law Of International Responsibility Books available in PDF, EPUB, Mobi Format. Download Complicity And Its Limits In The Law Of International Responsibility books, This book examines the responsibility of States and international organizations for complicity (aid or assistance) in an internationally wrongful act. Despite the recognition of responsibility for complicity as a rule of customary international law by the International Court of Justice, this book argues that the effectiveness and utility of this form of responsibility is fraught with systemic and operational limits. These limits include a lack of clarity in its constituent elements, its co-existence with primary rules prohibiting complicity and the obligations of due diligence, its implementation and the underlying causal tests, its uncertain relationship to other forms of shared and indirect responsibility, and its potential as a form of attribution of conduct. This book submits that the content and elements of this form of responsibility need adjustments to respond more effectively to the phenomenon of complicity in international affairs. Awarded The Paul Guggenheim Prize in International Law 2017!


Transnational Terrorism And State Accountability

Transnational Terrorism and State Accountability PDF
Author: Vincent-Joël Proulx
Publisher: Bloomsbury Publishing
ISBN: 1782250387
Size: 66.68 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 378
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Transnational Terrorism And State Accountability

by Vincent-Joël Proulx, Transnational Terrorism And State Accountability Books available in PDF, EPUB, Mobi Format. Download Transnational Terrorism And State Accountability books, Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts. From the Foreword by Judge Bruno Simma, International Court of Justice "Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book." Transnational Terrorism and State Accountability by Vincent-Joël Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.


The Right Of Individual Self Defense In Public International Law

The Right of Individual Self Defense in Public International Law PDF
Author: Jan Kittrich
Publisher: Logos Verlag Berlin GmbH
ISBN: 3832519556
Size: 28.76 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 219
View: 877

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The Right Of Individual Self Defense In Public International Law

by Jan Kittrich, The Right Of Individual Self Defense In Public International Law Books available in PDF, EPUB, Mobi Format. Download The Right Of Individual Self Defense In Public International Law books, The book examines in detail one of the most controversial topic in current international law, namely the scope and extent of the right of individual self-defense. The book carefully traces the paths which have been followed in the developing legal debate on self-defense. The author uses numerous case-studies of incidents involving the use of force in alleged self-defense (such as the Entebbe Incident 1976, the Nicaragua Case 1986 or the Israeli-Lebanese conflict of 2006) which have formed the central point of scholarly debate. The author's conclusions are based not only on thorough analysis of academic discussions but also of the practice of States and international bodies, especially of the United Nations Organization. At the outset of the book the author reviews the historical context and the customary evolution of the right of self-defense. Reference is made to the famous Caroline Case of 1837, which set the necessary conditions of lawful exercise of self-defense. Next, the author examines the concept and legal nature of self-defense, carefully assessing the customary conditions of necessity, proportionality and immediacy derived from the Caroline Case. As the occurrence of an "armed attack" is a conditio sine qua non of lawful invocation of self-defense, several modalities of an armed attack are attentively evaluated such as its constituent elements, beginning or scale. The author explores, whether reactions to acts of international terrorism committed by a non-State may be based on the right of self-defense. In times of global terrorist networks it is highly desirable to attach special attention to use of force in self-defense as a remedy against serious acts of terrorism. Thorough analysis of State practice is shown on several examples from recent history - the U.S. air raid on Libya in 1986 and on Baghdad in 1993 and relatively recent air strikes on Sudan and Afghanistan in 1998. Reference is also made to the most striking example - the Al-Qaeda attack on the United States in 2001. The validity of claims of anticipatory/preventive self-defense is examined on a theoretical level and then applied to the specific details of the Israeli air strike on the Osiraq Nuclear Reactor in 1981. The two main approaches to preventive self-defense - "restrictive" and "traditional" - are then discussed in detail. Brief analysis is also devoted to the nature of the so-called - pre-emptive - self-defense indicating its current position under international law.


The Diplomatic Kidnappings

The Diplomatic Kidnappings PDF
Author: Carol Edler Baumann
Publisher: Springer Science & Business Media
ISBN: 9401509379
Size: 35.35 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 182
View: 5786

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The Diplomatic Kidnappings

by Carol Edler Baumann, The Diplomatic Kidnappings Books available in PDF, EPUB, Mobi Format. Download The Diplomatic Kidnappings books, The recent series of diplomatic kidnappings has produced some serious thinking not only in Washington but in most of the foreign offices and embassies throughout the diplomatic world. The kidnappings-and how to deal with them-have been the subject of Congressional committee hearings, State Department deliberations, and international debate and action by the Organization of American States. It is the purpose of this study to analyze them within the context of urban guerilla terrorism, international legal norms, and world diplomatic practice. Selected examples of diplomatic kidnappings, particularly those in Latin America and Canada, strikingly illustrate the new revolutionary strategy of utilizing terrorism as a political tactic to achieve long-range political· goals. As with its kindred phenomenon-the airplane hijack ings-the kidnappings of foreign diplomats seize upon and exploit innocent victims as hostage pawns; a bargaining situation is thus created in which the revolutionary minority can achieve a diplomatic leverage which is far greater than in proportion to its numbers, military strength, or popular appeal. Through terrorism the urban guerillas hope to achieve tactical advances within the general strategy of political revolu tion; even temporary governmental repression if it occurs in reprisal becomes part of that strategy. Chapter I in particular and the entire manuscript in general examine the kidnappings within the parameters of revolutionary terrorism. The kidnappings have also had serious legal and political ramifications in the realm of world diplomacy.


The Procedural Status Of The Individual Before International And Supranational Tribunals

The Procedural Status of the Individual before International and Supranational Tribunals PDF
Author: W. Paul Gormley
Publisher: Springer Science & Business Media
ISBN: 9401195307
Size: 23.80 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 206
View: 3801

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The Procedural Status Of The Individual Before International And Supranational Tribunals

by W. Paul Gormley, The Procedural Status Of The Individual Before International And Supranational Tribunals Books available in PDF, EPUB, Mobi Format. Download The Procedural Status Of The Individual Before International And Supranational Tribunals books, The most important sipgle factor in guaranteeing the effective pro tection of human rights - including economic and property interest- is that private individuals and groups be capable of maintaining a judicial action against any sovereign State causing them injury. Thus, individuals must possess the necessary locus standi at both the regional and international levels. A private individual must be able to prosecute an action before an international tribunal - in his own name - against an offending Government, particularly his own. Unfortunately, this necessary right of action was not recognized under traditional internatio nallaw. It is only very recently, since the adoption of the European Convention of Human Rights and the Establishing Treaty of the Common Market, that nongovernmental entities have achieved locus standi before international courts. As this book is being written, it is no longer valid to hold that only States are procedural subjects of international law. Nevertheless, it must - tragically - be conceded that individuals do not enjoy the same standing as Member States. This same generalization applies to the United Nations. Starting with the proposition that the individual is a subject of the Law, this book not only analyses examples supporting this viewpoint, but it concentrates on the more important shortcomings, primarily those existing within the Council of Europe, the European Economic Community, and the United Nations. Therefore, recommendations are offered as to the specific improvements that must be made.


The Rise Of Modern Police And The European State System From Metternich To The Second World War

The Rise of Modern Police and the European State System from Metternich to the Second World War PDF
Author: Hsi-Huey Liang
Publisher: Cambridge University Press
ISBN: 9780521522878
Size: 77.95 MB
Format: PDF, Mobi
Category : History
Languages : en
Pages : 345
View: 6474

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The Rise Of Modern Police And The European State System From Metternich To The Second World War

by Hsi-Huey Liang, The Rise Of Modern Police And The European State System From Metternich To The Second World War Books available in PDF, EPUB, Mobi Format. Download The Rise Of Modern Police And The European State System From Metternich To The Second World War books, A comprehensive history of Continental police systems, in the context of political and diplomatic history.