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Theories of International Responsibility Law Samantha Besson (College de France, Paris)

Theories of International Responsibility Law By Samantha Besson (College de France, Paris)

Theories of International Responsibility Law by Samantha Besson (College de France, Paris)


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Summary

The volume brings philosophers of the law of responsibility into a dialogue with international responsibility law specialists. In doing so, it hopes to better respond to the current challenges that face international responsibility law fuelled by the current health, environmental, and migration crises.

Theories of International Responsibility Law Summary

Theories of International Responsibility Law by Samantha Besson (College de France, Paris)

There is no issue more central to a legal order than responsibility, and yet the dearth of contemporary theorizing on international responsibility law is worrying for the state of international law. The volume brings philosophers of the law of responsibility into dialogue with international responsibility law specialists. Its tripartite structure corresponds to the three main theoretical challenges in the contemporary practice of international responsibility law: the public and private nature of the international responsibility of public institutions; its collective and individual dimensions; and the place of fault therein. In each part, two international lawyers and two philosophers of responsibility law address the most pressing questions in the theory of international responsibility law. The volume closes with a comparative 'world tour' of the responsibility of public institutions in four different legal cultures and regions, identifying stepping-stones and stumbling blocks on the path towards a common law of international responsibility.

About Samantha Besson (College de France, Paris)

Samantha Besson holds the Chair Droit international des institutions at the College de France and is Professor of Public International Law and European Law at the University of Fribourg, Switzerland. She is an associate member of the Institute of International Law and co-chair of the ILA Study Group on the International Law of Regional Organizations.

Table of Contents

Theorizing international responsibility law, an introduction Samantha Besson; Part I. International Responsibility of Public Institutions: Public and/or Private?: 1. From 'respondere' to 'responsibility': A Roman lawyer's gloss on the international law of state responsibility Dario Mantovani; 2. Change in the law of international responsibility Andre Nollkaemper; 3. State responsibility: an outsider's view R. A. Duff; 4. Responsibility of states for wrongdoing: who is to decide? Alon Harel and Julian Kulaga; Part II. International Responsibility of Public Institutions: Collective and/or Individual?: 5. Responsibility as opportunism: the responsibility of international organizations Jan Klabbers; 6. Responsibility of members of an international organization: collective and/or individual? Paolo Palchetti; 7. International responsibility for global environmental harm: collective and individual Liam Murphy; 8. Justifying liability for state remedial duties Sandy Steel; Part III. International Responsibility of Public Institutions: Fault-Based or Not?; 9. Responsibility or liability: is it really that simple? Pierre d'Argent; 10. Causation, fault, and function in the rules of attribution Sean Fleming; 11. Time travel in the law of international responsibility Jean d'Aspremont; Part IV. Responsibility of Public Institutions: A World Tour: 12. The responsibility of public authorities in China Frederic Constant; 13. Liability of public institutions in Middle Eastern law Chibli Mallat; 14. The responsibility of public institutions in Africa: a legal framework in the making Ousmane Oumarou Sidibe; 15. State responsibility from a Central European perspective Krzysztof Wojtyczek; 16. Comparative and prospective comments on the 'world tour' of the concept of public responsibility Mireille Delmas-Marty; Conclusion: responsibility at the crossroad between philosophy and law Pierre-Marie Dupuy.

Additional information

NPB9781009208536
9781009208536
1009208535
Theories of International Responsibility Law by Samantha Besson (College de France, Paris)
New
Hardback
Cambridge University Press
2022-09-08
400
N/A
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