Can a State commit a crime? Definitely, yes!

Pellet, Alain

doi:10.1093/ejil/10.2.425

Cited by 131 publications

(8 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…Pellet argues that international responsibility is neither public nor private, but 'simply international'. 42 Seen from one perspective, there is much truth in this claim. The domestic distinction between private and public law is more a contingent outcome of a historical development in domestic law than an inherent legal necessity.…”

Section: The Distinction Between Private Law and Public Law Approachesmentioning

confidence: 99%

Shared Responsibility in International Law: A Normative-Philosophical Analysis

Pierik

2013

SSRN Journal

View full text Add to dashboard Cite

1 (ARSIWA) provides that '[e]very internationally wrongful act of a State entails the international responsibility of that State', while Article 2 states that '[t]here is an internationally wrongful act of a State when conduct consisting of an action or omission' is attributable to the state and constitutes a breach of an obligation of the state. These basic principles underlie all of the ARSIWA's subsequent principles.

show abstract

Section: The Distinction Between Private Law and Public Law Approachesmentioning

confidence: 99%

Shared Responsibility in International Law: A Normative-Philosophical Analysis

Pierik

2013

SSRN Journal

View full text Add to dashboard Cite

show abstract

“…The first one is that the sub-division of the body of international law into constitutional, administrative, private and criminal is false, because international law is neither public nor private but 'simply "international"'. 44 Although there is merit in the warnings against false domestic analogies, this does not compel international lawyers to refrain from differentiations. The ongoing development and expansion of international law has transformed its rudimentary and oft-stated 'primitive' character.…”

Section: Critique Of the New Structural Ordermentioning

confidence: 99%

Transnational law comprises constitutional, administrative, criminal and quasi-private law

Peters

2010

Making Transnational Law Work in the Global Economy

View full text Add to dashboard Cite

show abstract

“…The concept of state crime is widely accepted over the objection that it is the state that defines crime and therefore the state cannot be criminal (Pellet 1999). Now the task, particularly for those of us in the United States, is somehow to accustom the world's only superpower to what Allen (1996) calls ''the habits of legality.''…”

Section: Less Efficientmentioning

confidence: 99%