Book contents
- German Practice in International Law
- German Practice in International Law
- Copyright page
- Contents
- Contributors
- Preface
- GPIL – German Practice in International Law
- Table of Cases
- Table of German Statutes
- Table of European Legislation
- Table of Treaties
- List of Abbreviations
- 1 Foundations and Functions of International Law
- 2 States and Their Organs
- 3 Inter-State Political and Economic Relations and Transactions
- 4 State Jurisdiction and Immunities
- 5 State Responsibility and Liability
- 6 Antarctica, Sea, Air and Space
- 7 Individuals, Their Human Rights and Their International Criminal Responsibility
- 8 Natural Resources and the Environment
- 9 The United Nations and Other International Organisations
- 10 Use of Force, Arms Control and Disarmament
- 11 International Disputes and Their Settlement
- Annex 1 Notable Statements on International Law by Germany in 2020
- Annex 2 International Agreements Concluded by Germany in 2020
- Index
5 - State Responsibility and Liability
Published online by Cambridge University Press: 09 February 2023
- German Practice in International Law
- German Practice in International Law
- Copyright page
- Contents
- Contributors
- Preface
- GPIL – German Practice in International Law
- Table of Cases
- Table of German Statutes
- Table of European Legislation
- Table of Treaties
- List of Abbreviations
- 1 Foundations and Functions of International Law
- 2 States and Their Organs
- 3 Inter-State Political and Economic Relations and Transactions
- 4 State Jurisdiction and Immunities
- 5 State Responsibility and Liability
- 6 Antarctica, Sea, Air and Space
- 7 Individuals, Their Human Rights and Their International Criminal Responsibility
- 8 Natural Resources and the Environment
- 9 The United Nations and Other International Organisations
- 10 Use of Force, Arms Control and Disarmament
- 11 International Disputes and Their Settlement
- Annex 1 Notable Statements on International Law by Germany in 2020
- Annex 2 International Agreements Concluded by Germany in 2020
- Index
Summary
This chapter is concerned with Germany’s stand on State responsibility and liability. It is found that Germany mistakenly attributed acts by the Houthi rebels to the State of Yemen and mistakenly assumed that the Houthi rebels are bound by Yemen’s international human rights obligations under the International Covenant on Civil and Political Rights. Further, Germany’s position that Russia is responsible for the use of a chemical weapon in the poisoning of Alexei Nawalny will be addressed. It will be argued that Germany should have cooperated directly with Russia rather than only calling the Organisation for the Prohibition of Chemical Weapons. Concerning the Federal Parliament’s Scientific Research Services’ assessment on claims against China for damages incurred due to the COVID-19 Pandemic, it will be argued that the only conclusion to be drawn from the report is that legal actions against China must be doomed to failure. Finally, the question will be raised whether Malta apologising for a Maltese ambassador who compared the German Chancellor to Hitler forms a rare example of a formal State apology.
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- Information
- German Practice in International Law2020, pp. 157 - 181Publisher: Cambridge University PressPrint publication year: 2023