Book contents
- Theories of International Responsibility Law
- ASIL Studies in International Legal Theory
- Theories of International Responsibility Law
- Copyright page
- Contents
- Contributors
- Preface
- Theorizing International Responsibility Law, an Introduction
- Part I International Responsibility of Public Institutions: Public and/or Private?
- 1 From ‘Respondere’ to ‘Responsibility’
- 2 Change in the Law of International Responsibility
- 3 State Responsibility
- 4 Responsibility of States for Wrongdoing
- Part II International Responsibility of Public Institutions: Collective and/or Individual?
- Part III International Responsibility of Public Institutions: Fault-based or Not?
- Part IV Responsibility of Public Institutions: A World Tour
- Index
3 - State Responsibility
An Outsider’s View
from Part I - International Responsibility of Public Institutions: Public and/or Private?
Published online by Cambridge University Press: 01 September 2022
- Theories of International Responsibility Law
- ASIL Studies in International Legal Theory
- Theories of International Responsibility Law
- Copyright page
- Contents
- Contributors
- Preface
- Theorizing International Responsibility Law, an Introduction
- Part I International Responsibility of Public Institutions: Public and/or Private?
- 1 From ‘Respondere’ to ‘Responsibility’
- 2 Change in the Law of International Responsibility
- 3 State Responsibility
- 4 Responsibility of States for Wrongdoing
- Part II International Responsibility of Public Institutions: Collective and/or Individual?
- Part III International Responsibility of Public Institutions: Fault-based or Not?
- Part IV Responsibility of Public Institutions: A World Tour
- Index
Summary
This chapter starts from a familiar question: is State responsibility in international law usefully understood on the model of domestic private law or on that of domestic criminal law or neither? It then discusses the attractions and limits of the model of private law. It then turns to ‘international crimes’ or ‘serious breach[es] of an obligation arising under a peremptory norm of general international law’ as defined in the International Law Commission's successive works and discusses the ways in which the provisions for such wrongs seem analogous or disanalogous to domestic criminal law. The next section takes up the suggestion that a distinction between ‘private’ and ‘public’ law is conceptually and practically preferable to that between ‘international crimes’ and ‘international delicts’: is this the best way to capture a category of international wrongs that merit a distinctive response? The final section asks whether State responsibility thus understood can usefully be seen as a species of ‘criminal’ responsibility and whether it offers domestic theorists a fruitful way of ‘deconstructing’ criminal law.
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- Theories of International Responsibility Law , pp. 70 - 92Publisher: Cambridge University PressPrint publication year: 2022
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