The Law of International Responsibility

Crawford, James; Pellet, Alain; Olleson, Simon; Parlett, Kate

doi:10.1093/law/9780199296972.001.0001

Cited by 135 publications

(10 citation statements)

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“…At the end, while there has been a tendency to view international responsibility as essentially a bilateral matter between states (without wider consequences for others or for the international system as a whole), 'international law now contains a range of rules which cannot be broken down into bundles of bilateral relations between states but cover a much broader range'. 89 As mentioned earlier, article 33 of the DASR confirms that reparation by the liable state may be owed both to other states and to injured individuals. In addition, the commentary affirms that individuals, at the international level, can invoke the responsibility of a state on their own account and without the intermediation of any state.…”

Section: The Right To Reparation For Victimsmentioning

confidence: 85%

Do victims of torture and other serious human rights violations have an independent and enforceable right to reparation?

Echeverria

2012

The International Journal of Human Rights

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This article investigates whether victims of torture and other serious human rights violations have an independent and enforceable right to reparation in international law (outside specific state-created remedies). It analyses whether international responsibility rules apply to individuals as they do to states and whether individual claims can be brought in domestic or foreign courts when no international remedy is available. By examining the different doctrinal positions in regards to individual rights and reparation, it concludes that it is incoherent to acknowledge the existence of substantive individual rights under general international law while contesting a corollary right to reparation. It further establishes that if it were considered that only states have the corresponding secondary rights, there would be clear gap in the human rights protection system. As the article illustrates, diplomatic protection is insufficient to protect individuals nowadays when international law recognises that states can breach the human rights of their own citizens. Likewise, even if it is recognised that in a limited number of cases the international community/third states can claim reparation on behalf of individuals, in practice the current legal framework cannot sufficiently secure their rights.

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Section: The Right To Reparation For Victimsmentioning

confidence: 85%

Do victims of torture and other serious human rights violations have an independent and enforceable right to reparation?

Echeverria

2012

The International Journal of Human Rights

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“…Such elucidation is unable to interpret the terminology comprehensively whereas solely dispensing a foggy immense limitation for such terminology. Furthermore, it lacks inclusion of operational as a final yardstick (Crawford, Pellet, & Olleson, 2010). The word "space object" has not well-defined yet in the international space law.…”

Section: What Is Space Object?mentioning

confidence: 99%

Space Debris Mounting Global Menace Legal Issues Pertaining to Space Debris Removal: Ought to Revamp Existing Space Law Regime

Sheer¹,

Li²

2019

BLR

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Space debris is global mounting ultimatum to the enduring maintainability of the Outer Space activities and it ought to be deal in the very beginning. Otherwise, it will be too late. From the last couple of years, the rate at which the space activities have, resulted in the production of debris at very threshold position in a linear fashion. Ultimately, it has become the rendezvous of space debris general place. From couples of years ago, some incidents of collisions have enhanced the space debris accumulation, now crowded the corridor of earth orbit which constitutes the most serious pollutant of the near-earth space environment. Innovations in space applications have enhanced not only our awareness about universe but also daily lives world widely. Actually, the space treaties law neither explicitly forbids the production of space debris nor levies responsibility on the states to remove space debris. Because the absence of definition of space debris reveals the unending ambiguity between space debris and space object. There is no any legal procedure and mechanism available in existing space law regime to remove the space debris. Furthermore, who has the authority to take decision for the removal of space debris from the outer space? International space law does not permit interruption with space objects without the preceding approval from the launching State. This paper focuses on the legal and organizational challenges suggesting to revamp the fuzzy prevailing international space law regime to encounter incoming legal aspects.

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“…İkinci bir durum da fiilin devletin veya organların talimatı ve emirleri ile hareket eden otoritesi altındaki kişi ve kurumlarca işlenmesidir 69 . Çünkü devlet de iç hukuktaki diğer organizasyonlar gibi faaliyetlerini organları ve temsilcileri aracılığıyla yürütür 70…”

Section: İnsanil Hukuk Kurallarinin İhlali̇ (Savaş Suçlari)unclassified

Devletlerin İnsancıl Hukuk Kurallarının İhlâli Nedeniyle Sorumluluğu

Geyik¹

2016

SUHFD

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The Law of International Responsibility

Cited by 135 publications

References 0 publications

Do victims of torture and other serious human rights violations have an independent and enforceable right to reparation?

Do victims of torture and other serious human rights violations have an independent and enforceable right to reparation?

Space Debris Mounting Global Menace Legal Issues Pertaining to Space Debris Removal: Ought to Revamp Existing Space Law Regime

Devletlerin İnsancıl Hukuk Kurallarının İhlâli Nedeniyle Sorumluluğu

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