Weiler / Cassese / Spinedi International Crimes of State

A Critical Analysis of the ILC's Draft Article 19 on State Responsibility
Nachdruck 2011
ISBN: 978-3-11-090160-3
Verlag: De Gruyter
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, Band 10, 380 Seiten, Format (B × H): 155 mm x 230 mm

Reihe: European University Institute - Series A

I-IV -- Preface -- Table of Contents -- List of Contributors -- Introduction -- Part I. Crimes of State: The Legislative History -- International Crimes of State. The Legislative History -- Part II. Crimes of State: The Problems Revisited -- The Concept of "International Crimes" and its Place in Contemporary International Law -- Obligations Erga Omnes, International Crimes and Jus Cogens: A Tentative Analysis of Three Related Concepts -- International Crimes – A Specific Regime of International Responsibility of States and its Legal Consequences -- Implications of the Institutionalization of International Crimes of States -- Part III. Crimes of State: A General Discussion -- Introduction to the Debate -- General Discussion -- Observations on "Crimes of States" -- Remarks on the Present Legal Regulation of Crimes of States -- Some Comments on State Crimes and Lex Lata -- Remarks on Some Classes of Crimes by States -- State Crimes and Lex Lata -- On Defining the Concept -- Responsibility and State Crimes -- The Concept of Crimes of States: Evolution, Operation and Codification -- Remarks on Deficient Drafting of Article 19 -- State Responsibility and the Concept of Crimes of States -- Lex Lata: Is there already a Differentiated Regime of State Responsibility in the Geneva Conventions? -- Critical Remarks on the Applicability of the Concept of Crimes of States to Humanitarian Law -- The Continuity between certain Principles of Humanitarian Law and the Concept of Crimes of States -- Obligations Erga Omnes and the International Community -- Short Comments on the Concept of Crimes of States and Some Related Notions -- Jus Cogens and Crimes of State -- State Responsibility: Lex Ferenda and Crimes of State -- Lex Lata or the Continuum of State Responsibility -- Convergences and Divergencies on the Legal Consequences of International Crimes of States: With Whom Should Lie the Right of Response? -- The Objectives of a New Regime and the Means for Accomplishment -- Critical Observations on Crimes of State and the Notion of "International Community as a Whole" -- The Concept of "International Community as a Whole": A Guarantee to the Notion of State Crimes -- On the Reaction of the "International Community as a Whole": A Perspective of Survival -- Crimes of State, Ius Standi, and Third States -- State Crimes Implementation Problems: Who Reacts? -- The Need to Abolish the Concept of Punishment -- Crimes of State: The Concept and Response -- Legal Questions Relating to the Consequences of International Crimes -- Some Short Remarks: Consequences and Terminology -- Measures Available to Third States Reacting to Crimes of State -- The Institutional Framework -- Part IV. Crimes of State: General Overviews of the Debate -- Problems and Issues Raised by Crimes of States: An Overview -- The Need to Better Clarify the Concept of Crimes of States -- Part V. Crimes of State: Part Two of the ILC Work on State Responsibility -- International Crimes: Injury and Countermeasures. Comments on Part 2 of the ILC Work on State Responsibility -- Part VI. Crimes of State: Conclusions -- On Prophets and Judges. Some Personal Reflections on State Responsibility and Crimes of State. Concluding Remarks to the Florence Conference on State Responsibility -- Part VII. Crimes of State: Bibliography -- International Crimes of State. Bibliography 1946-1984 -- Part VIII. Crimes of State: Annexes -- I. Draft Articles on State Responsibility Adopted So Far by the International Law Commission -- II. Draft Articles on State Responsibility Submitted by Special Rapporteur Riphagen

Autoren/Hrsg.

Weiler, Joseph H.

Cassese, Antonio

Spinedi, Marina

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Strafrecht, Internationales Verfahrensrecht

Inhaltsverzeichnis

I-IV -- Preface -- Table of Contents -- List of Contributors -- Introduction -- Part I. Crimes of State: The Legislative History -- International Crimes of State. The Legislative History -- Part II. Crimes of State: The Problems Revisited -- The Concept of "International Crimes" and its Place in Contemporary International Law -- Obligations Erga Omnes, International Crimes and Jus Cogens: A Tentative Analysis of Three Related Concepts -- International Crimes – A Specific Regime of International Responsibility of States and its Legal Consequences -- Implications of the Institutionalization of International Crimes of States -- Part III. Crimes of State: A General Discussion -- Introduction to the Debate -- General Discussion -- Observations on "Crimes of States" -- Remarks on the Present Legal Regulation of Crimes of States -- Some Comments on State Crimes and Lex Lata -- Remarks on Some Classes of Crimes by States -- State Crimes and Lex Lata -- On Defining the Concept -- Responsibility and State Crimes -- The Concept of Crimes of States: Evolution, Operation and Codification -- Remarks on Deficient Drafting of Article 19 -- State Responsibility and the Concept of Crimes of States -- Lex Lata: Is there already a Differentiated Regime of State Responsibility in the Geneva Conventions? -- Critical Remarks on the Applicability of the Concept of Crimes of States to Humanitarian Law -- The Continuity between certain Principles of Humanitarian Law and the Concept of Crimes of States -- Obligations Erga Omnes and the International Community -- Short Comments on the Concept of Crimes of States and Some Related Notions -- Jus Cogens and Crimes of State -- State Responsibility: Lex Ferenda and Crimes of State -- Lex Lata or the Continuum of State Responsibility -- Convergences and Divergencies on the Legal Consequences of International Crimes of States: With Whom Should Lie the Right of Response? -- The Objectives of a New Regime and the Means for Accomplishment -- Critical Observations on Crimes of State and the Notion of "International Community as a Whole" -- The Concept of "International Community as a Whole": A Guarantee to the Notion of State Crimes -- On the Reaction of the "International Community as a Whole": A Perspective of Survival -- Crimes of State, Ius Standi, and Third States -- State Crimes Implementation Problems: Who Reacts? -- The Need to Abolish the Concept of Punishment -- Crimes of State: The Concept and Response -- Legal Questions Relating to the Consequences of International Crimes -- Some Short Remarks: Consequences and Terminology -- Measures Available to Third States Reacting to Crimes of State -- The Institutional Framework -- Part IV. Crimes of State: General Overviews of the Debate -- Problems and Issues Raised by Crimes of States: An Overview -- The Need to Better Clarify the Concept of Crimes of States -- Part V. Crimes of State: Part Two of the ILC Work on State Responsibility -- International Crimes: Injury and Countermeasures. Comments on Part 2 of the ILC Work on State Responsibility -- Part VI. Crimes of State: Conclusions -- On Prophets and Judges. Some Personal Reflections on State Responsibility and Crimes of State. Concluding Remarks to the Florence Conference on State Responsibility -- Part VII. Crimes of State: Bibliography -- International Crimes of State. Bibliography 1946-1984 -- Part VIII. Crimes of State: Annexes -- I. Draft Articles on State Responsibility Adopted So Far by the International Law Commission -- II. Draft Articles on State Responsibility Submitted by Special Rapporteur Riphagen