Book contents
- State Responsibility in the International Legal Order
- State Responsibility in the International Legal Order
- Copyright page
- Contents
- Foreword
- Preface
- Acknowledgements
- Table of Cases
- Abbreviations
- Introduction
- 1 Contemporary Challenges to State Responsibility
- 2 The Evolution of State Responsibility
- 3 Problems in the General Law of State Responsibility
- 4 Alternative Constructions of Responsibility
- 5 Conclusions
- Select Bibliography
- Index
3 - Problems in the General Law of State Responsibility
Published online by Cambridge University Press: 08 October 2020
- State Responsibility in the International Legal Order
- State Responsibility in the International Legal Order
- Copyright page
- Contents
- Foreword
- Preface
- Acknowledgements
- Table of Cases
- Abbreviations
- Introduction
- 1 Contemporary Challenges to State Responsibility
- 2 The Evolution of State Responsibility
- 3 Problems in the General Law of State Responsibility
- 4 Alternative Constructions of Responsibility
- 5 Conclusions
- Select Bibliography
- Index
Summary
The chapter addresses problems with the general rules of state responsibility from the perspective of functionality. The analysis follows the structure of the Articles on State Responsibility, which means that the critique is organized according to the elements of an international wrongful act, the content of responsibility, as well as its implementation. It is argued that the general rules of state responsibility struggle to respond to the heterogeneity of actors, subject-matters, and norms implicated in the governance of international affairs. It is further contended that state responsibility is marginalized in some situations; in situations of serious wrongs international criminal law has appeared as an alternative remedy, and significant harm is dealt with through rules on international liability. Thus, other forms and regimes of responsibility have appeared, making it necessary to understand responsibility in broader and more versatile terms than what is offered by the state responsibility doctrine.
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- State Responsibility in the International Legal OrderA Critical Appraisal, pp. 108 - 189Publisher: Cambridge University PressPrint publication year: 2020