简介
This book contains papers presented at a conference that was jointly organized by the Institute of Global Law, University College London and the Institute of International Law, Queen Mary, University of London. The chapters cover issues of State Responsibility before the following international judicial institutions: the International Court of Justice, the International Tribunal for the Law of the Sea, the World Trade Organization, United Nations Compensation Commission, International Centre for the Settlement of Investment Disputes, and International and Regional Human Rights Courts. Contributors include: H.E. Judge Dame Rosalyn Higgins D.B.E., Q.C.; Emeritus Professor Ian Brownlie C.B.E.,Q.C.; Professor Malcolm Shaw Q.C.; Professor Maurice Mendelson Q.C.; Professor Christopher Greenwood C.M.G., Q.C.; Professor Guy Goodwin-Gill; Dr. Matthew Craven; H.E. Judge Benedetto Conforti; Professor Malcolm Evans; Professor Dominic McGoldrick; Professor Gerhard Loibl and Dr Olufemi Elias.
目录
Table of Contents 5
Preface 7
1. Issues of State Responsibility before the International Court of Justice 9
1. ATTRIBUTION OF CONDUCT TO THE STATE 10
2. APPROPRIATE REMEDIES AND THE RELATIONSHIP OF STATE RESPONSIBILITY TO JURISDICTION 11
3. THE RELATIONSHIP OF STATE RESPONSIBILITY TO SUBSTANTIVE LAW 11
4. A FOURTH CATEGORY: REQUESTS FOR SEPARATE FINDINGS OF STATE RESPONSIBILITY AS A CONSEQUENCE OF FINDINGS OF ILLEGAL CONDUCT 12
5. SUMMARY AND CONCLUSIONS 16
2. State Responsibility and the International Court of Justice 19
3. The International Court, Responsibility and Remedies 27
4. State Responsibility for Breach of Interim Protection Orders of the International Court of Justice 43
SUMMARY AND CONCLUSIONS 59
5. State Responsibility for the Decisions of National Courts 63
1. THE CONCEPT OF DENIAL OF JUSTICE AND THE DECISIONS OF LOWER COURTS 65
2. THE LOEWEN CASE 76
3. CONCLUSION 80
6. State Responsibility and the 'Good Faith' Obligation in International Law 83
1. INTERNATIONAL OBLIGATIONS AND NATIONAL ACTIONS AND OMISSIONS 85
2. THE PRINCIPLE OF GOOD FAITH IN INTERNATIONAL LAW 93
3. THE PRACTICAL APPLICATION OF THE PRINCIPLE OF GOOD FAITH 103
4. CONCLUSIONS 108
7. For the 'Common Good': Rights and Interests in the Law of State Responsibility 113
1. HUMAN RIGHTS REGIMES AND STATE RESPONSIBILITY 114
3. ARTICLES 42 AND 48 COMPARED 120
4. MODELLING THE TREATY 122
5. UNDERLYING ASSUMPTIONS 126
6. THE RETURN OF DAMAGE 131
7. BY WAY OF CONCLUSION: COSMOPOLITANISM AND THE REALITIES OF POWER 134
8. Exploring the Strasbourg Case-Law: Reflections on State Responsibility for the Breach of Positive Obligations 137
1. THE CASE-LAW OF THE COURT 138
2. THE CASE-LAW OF THE COURT AND THE THEORY OF STATE RESPONSIBILITY 143
9. State Responsibility and the European Convention on Human Rights: Role and Realm 147
1. WHAT ARE INTERNATIONAL HUMAN RIGHTS? 152
2. WHAT IS A VIOLATION OF AN INTERNATIONAL HUMAN RIGHT? 157
3. THE EUROPEAN CONVENTION ON HUMAN RIGHTS? 160
4. CONCLUSION 167
10. State Responsibility and the International Covenant on Civil and Political Rights 169
1. GENERAL CONCEPTS OF STATE RESPONSIBILITY AND THE COVENANT 171
2. INTERNATIONALLY WRONGFUL ACTS 176
3. THE CONTENT OF THE INTERNATIONAL RESPONSIBILITY OF A STATE 199
4. CONCLUSION 206
11. Environmental Law and Non-Compliance Procedures: Issues of State Responsibility 209
1. CASES BEFORE INTERNATIONAL COURTS AND ARBITRAL TRIBUNALS CONCERNING RESPONSIBILITY IN THE ENVIRONMENTAL AREA 211
2. COMPLIANCE PROCEDURES 216
3. QUESTIONS RAISED BY THE ESTABLISHMENT OF COMPLIANCE PROCEDURES 221
4. CONCLUSION 225
12. The UN Compensation Commission and Liability for the Costs of Monitoring and Assessment of Environmental Damage 227
1. INTRODUCTION 227
2. OVERVIEW OF THE COMMISSION AND CLAIMS SUBMITTED FOR ENVIRONMENTAL DAMAGE 228
3. CLAIMS FOR THE MONITORING AND ASSESSMENT OF ENVIRONMENTAL DAMAGE BEFORE THE COMMISSION 231
4. OTHER INTERNATIONAL PRACTICE ON THE RECOVERY OF THE COSTS OF MONITORING AND ASSESSMENT 238
5. THE RATIONALE FOR CLASSIFICATION OF CLAIMS FOR MONITORING AND ASSESSMENT AS AN INDEPENDENT HEAD OF LOSS 241
Preface 7
1. Issues of State Responsibility before the International Court of Justice 9
1. ATTRIBUTION OF CONDUCT TO THE STATE 10
2. APPROPRIATE REMEDIES AND THE RELATIONSHIP OF STATE RESPONSIBILITY TO JURISDICTION 11
3. THE RELATIONSHIP OF STATE RESPONSIBILITY TO SUBSTANTIVE LAW 11
4. A FOURTH CATEGORY: REQUESTS FOR SEPARATE FINDINGS OF STATE RESPONSIBILITY AS A CONSEQUENCE OF FINDINGS OF ILLEGAL CONDUCT 12
5. SUMMARY AND CONCLUSIONS 16
2. State Responsibility and the International Court of Justice 19
3. The International Court, Responsibility and Remedies 27
4. State Responsibility for Breach of Interim Protection Orders of the International Court of Justice 43
SUMMARY AND CONCLUSIONS 59
5. State Responsibility for the Decisions of National Courts 63
1. THE CONCEPT OF DENIAL OF JUSTICE AND THE DECISIONS OF LOWER COURTS 65
2. THE LOEWEN CASE 76
3. CONCLUSION 80
6. State Responsibility and the 'Good Faith' Obligation in International Law 83
1. INTERNATIONAL OBLIGATIONS AND NATIONAL ACTIONS AND OMISSIONS 85
2. THE PRINCIPLE OF GOOD FAITH IN INTERNATIONAL LAW 93
3. THE PRACTICAL APPLICATION OF THE PRINCIPLE OF GOOD FAITH 103
4. CONCLUSIONS 108
7. For the 'Common Good': Rights and Interests in the Law of State Responsibility 113
1. HUMAN RIGHTS REGIMES AND STATE RESPONSIBILITY 114
3. ARTICLES 42 AND 48 COMPARED 120
4. MODELLING THE TREATY 122
5. UNDERLYING ASSUMPTIONS 126
6. THE RETURN OF DAMAGE 131
7. BY WAY OF CONCLUSION: COSMOPOLITANISM AND THE REALITIES OF POWER 134
8. Exploring the Strasbourg Case-Law: Reflections on State Responsibility for the Breach of Positive Obligations 137
1. THE CASE-LAW OF THE COURT 138
2. THE CASE-LAW OF THE COURT AND THE THEORY OF STATE RESPONSIBILITY 143
9. State Responsibility and the European Convention on Human Rights: Role and Realm 147
1. WHAT ARE INTERNATIONAL HUMAN RIGHTS? 152
2. WHAT IS A VIOLATION OF AN INTERNATIONAL HUMAN RIGHT? 157
3. THE EUROPEAN CONVENTION ON HUMAN RIGHTS? 160
4. CONCLUSION 167
10. State Responsibility and the International Covenant on Civil and Political Rights 169
1. GENERAL CONCEPTS OF STATE RESPONSIBILITY AND THE COVENANT 171
2. INTERNATIONALLY WRONGFUL ACTS 176
3. THE CONTENT OF THE INTERNATIONAL RESPONSIBILITY OF A STATE 199
4. CONCLUSION 206
11. Environmental Law and Non-Compliance Procedures: Issues of State Responsibility 209
1. CASES BEFORE INTERNATIONAL COURTS AND ARBITRAL TRIBUNALS CONCERNING RESPONSIBILITY IN THE ENVIRONMENTAL AREA 211
2. COMPLIANCE PROCEDURES 216
3. QUESTIONS RAISED BY THE ESTABLISHMENT OF COMPLIANCE PROCEDURES 221
4. CONCLUSION 225
12. The UN Compensation Commission and Liability for the Costs of Monitoring and Assessment of Environmental Damage 227
1. INTRODUCTION 227
2. OVERVIEW OF THE COMMISSION AND CLAIMS SUBMITTED FOR ENVIRONMENTAL DAMAGE 228
3. CLAIMS FOR THE MONITORING AND ASSESSMENT OF ENVIRONMENTAL DAMAGE BEFORE THE COMMISSION 231
4. OTHER INTERNATIONAL PRACTICE ON THE RECOVERY OF THE COSTS OF MONITORING AND ASSESSMENT 238
5. THE RATIONALE FOR CLASSIFICATION OF CLAIMS FOR MONITORING AND ASSESSMENT AS AN INDEPENDENT HEAD OF LOSS 241
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