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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

Samantha Besson
Affiliation:
Collège de France, Paris
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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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Publisher: Cambridge University Press
Print publication year: 2022

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  • State Responsibility
  • Edited by Samantha Besson, Collège de France, Paris
  • Book: Theories of International Responsibility Law
  • Online publication: 01 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781009208550.006
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  • State Responsibility
  • Edited by Samantha Besson, Collège de France, Paris
  • Book: Theories of International Responsibility Law
  • Online publication: 01 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781009208550.006
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • State Responsibility
  • Edited by Samantha Besson, Collège de France, Paris
  • Book: Theories of International Responsibility Law
  • Online publication: 01 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781009208550.006
Available formats
×