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State Succession to Responsibility for Internationally Wrongful Acts de Grega Pajnkihar

State Succession to Responsibility for Internationally Wrongful Acts: Developments in International Law, cartea 77

Autor Grega Pajnkihar
en Limba Engleză Hardback – 27 sep 2023
Ongoing work of the International Law Commission on State succession with respect to State responsibility begs the question: how does this new matter fit into the broader concept of State succession? This book presents a detailed analysis of the complete codified field of State succession, with new observations and the relevant elements of State responsibility. Dr. Grega Pajnkihar provides insight into how these two areas of international law are interlinked and why State responsibility should not be treated differently from other matters of succession.
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Specificații

ISBN-13: 9789004679405
ISBN-10: 9004679405
Pagini: 368
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Developments in International Law

Notă biografică

Grega Pajnkihar, Ph.D. (2020), University of Ljubljana, is a professional diplomat of the Republic of Slovenia. During his career, he was actively engaged with succession of Yugoslavia and was a Fulbright Scholar at George Washington University in Washington D.C.

Cuprins

Acknowledgements

Abbreviations

Introduction

Part 1
Succession of States
1State Formation and Elements of State Succession
1.1 The Origins of the State

1.2 Succession


2Succession to State Property
2.1 Definition of State Property

2.2 Principles and Rules for Succession to State Property

2.3 Types of State Property

2.4 State Practice with Continuing Legal Personality

2.5 Practice of States without Continuing Legal Personality

2.6 Conclusions


3Succession to State Archives
3.1 Definition of State Archives

3.2 Principles and Rules for Succession to State Archives

3.3 State Practice with Continuing Legal Personality

3.4 State Practice without Continuing Legal Personality

3.5 Conclusions


4Succession to State Debt
4.1 The Creditor as a Public or Private International Law Entity

4.2 Types of Debt

4.3 Principles and Rules for Succession to State Debt

4.4 State Practice with Continuing Legal Personality

4.5 State Practice without Continuing Legal Personality

4.6 Conclusions


5Succession to Treaties
5.1 Definition of a Treaty

5.2 Types of Treaties and Other Sources of International Law

5.3 Principles and Rules for Succession to Treaties

5.4 State Practice with Continuing Legal Personality

5.5 State Practice without Continuing Legal Personality

5.6 Conclusions


6Conclusions
6.1 Principles

6.2 Confirmed Rules


Part 2
Responsibility of States for Internationally Wrongful Acts
7Definition of International Responsibility of States
7.1 Acts of a State

7.2 International Wrongfulness


8Attribution of a Conduct
8.1 Conduct of State Organs in their Official Capacity

8.2 Special Cases of Attribution


9Indirect Responsibility
9.1 Aid and Assistance

9.2 Direction and Control over the Actions of Another State

9.3 Coercion


10Rights and Obligations Arising from International Responsibility
10.1 Obligation of the Breaching State to Cease the Wrongful Conduct

10.2 Assurances and Guarantees of Non-repetition

10.3 Reparations

10.4 Contribution of an Injured State to the Injury and Duty to Mitigate the Consequences

10.5 Consequences of Serious Breaches of Jus Cogens

10.6 Circumstances Precluding Wrongfulness


11Invocation of International Responsibility

12Conclusions


Part 3
State Succession to International Responsibility
13Definition of State Succession to Responsibility for Internationally Wrongful Acts
13.1 Object of State Succession to Responsibility for Internationally Wrongful Acts

13.2 Time Frames for Succession to International Responsibility

13.3 Theoretical Foundations of Succession to International Responsibility


14Types of State Succession to International Responsibility
14.1 Fictitious Succession to International Responsibility

14.2 Real Succession to International Responsibility


15Conclusions


Literature

Index