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The International Law of State Responsibility

Robert Kolb

This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding.
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Contents

Robert Kolb

Preface

List of abbreviations

1.    Concept and history

1. Responsibility and law

2. Legal nature of responsibility

3. Relationship between reparation and countermeasures

4. Primary and secondary obligations

5. Historical evolution of the law of State responsibility

6. Responsibility and sovereignty

7. Analogies with municipal law

8. State responsibility and international responsibility

9. Types of ‘civil' responsibility

10. Constitutive elements of State responsibility

11. Unitary nature of State responsibility with regard to the sources of obligations

12. Special legal regimes of responsibility

13. The codification of State responsibility by the ILC

14. Digging deeper

2.    Internationally wrongful act

1. General issues

2. The violation of a legally applicable obligation

3. Conduct: Acts or omissions; standard of conduct

4. Conduct: Obligations of conduct and obligations of result

5. Qualification of the IWA only through international law

6. Breach and temporal issues

7. Gravity of the breach; international crimes

8. Digging deeper

3.    Attribution

1. General issues

2. Three main principles of the law of attribution

3. Organs placed at the disposal of another State

4. Attribution of ultra vires and private acts

5. Attribution by ad hoc endorsement

6. Attribution of acts of insurrectional movements

7. Acts of persons acting in a private capacity

8. Digging deeper

4.    Circumstances precluding wrongfulness

1. General issues

2. Consent (Article 20 ASR)

3. Self-defence (Article 21 ASR)

4. Countermeasures (reprisals) (Article 22 ASR)

5. Force majeure (Article 23 ASR)

6. Distress (Article 24 ASR)

7. State of necessity (Article 25 ASR)

8. Peremptory norms as a limit for the plea of CPWs

9. Equitable compensation for material loss

10. Digging deeper

5.    Legal effects of responsibility

1. General aspects

2. Reparation

3. Countermeasures

4. Diplomatic and functional protection

5. Digging deeper

6.    Issues of collective and ancillary responsibility

1. Collective unlawful conduct

2. Responsibility for conduct of member States within an international organization

3. Member State responsibility for conduct of an international organization

4. Digging deeper

7.    Conclusion

Bibliography

Table of Reports of Special Rapporteurs of the ILC on State Responsibility for Internationally Wrongful Acts

Appendix 1: Articles on Responsibility of States for Internationally Wrongful Acts (2001)

Appendix 2: Draft Articles on the Responsibility of International Organizations (2011)

Appendix 3: Draft Articles on Diplomatic Protection (2006)

Index