Full Description
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.
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 André 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 Frédéric 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 Sidibé; 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.
