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International Law
Clearly and accessibly written, this new text provides a valuable resource for undergraduate and postgraduate students of international law and covers subjects including the history, theories and sources of international law, as well as current areas of interest such as international criminal law.
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The Law of International Responsibility
The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.
The Environment, Risk and Liability in International Law
The Environment, Risk and Liability in International Law explains the important role liability plays in risk management and environmental protection in the realm of International Law.
Modes of Liability in International Criminal Law
Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Due Diligence in International Law
Due Diligence in International Law identifies due diligence as the missing link between state responsibility and international liability. Acknowledged in all legal fields, it ensures international peaceful cooperation and prevents significant transboundary harm, yet it has thus far not been comprehensively discussed in literature. The present volume fills this void. Kulesza identifies due diligence as a principle of international law and traces its evolution throughout centuries. The no-harm principle, key to identifying responsibility for transboundary harm, focal to international environmental law and applicable to e.g. combating terrorism, follows states’ obligation of due diligence in preventing foreign harm. This obligation, present in various treaty-based and customary regimes is argued to be a principle of international public law applicable to all obligations of conduct.
Governmental Liability
First published in 1953, this book presents a comparative study of the civil liability of governments in America, Europe and the Commonwealth.
Climate Change Liability
As frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. Actual or potential climate change liability implicates a growing range of actors, including governments, industry, businesses, non-governmental organisations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the European Union. In some jurisdictions, the applicable law is less developed and less the subject of current debate. In others, actions for various kinds of climate change liability have already been brought, including high profile cases such as Massachusetts v. EPA in the United States. Each chapter explores the potential for and barriers to climate change liability in private and public law.
Principles of Shared Responsibility in International Law
The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.
