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Relevant bibliographies by topics / International legal responsibility

Academic literature on the topic 'International legal responsibility'

Author: Grafiati

Published: 10 December 2022

Last updated: 29 January 2023

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Journal articles on the topic "International legal responsibility"

1

Vagts, Detlev. "International Legal Ethics and Professional Responsibility." Proceedings of the ASIL Annual Meeting 92 (1998): 378–79. http://dx.doi.org/10.1017/s0272503700058304.

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Brölmann, Catherine. "Member States and International Legal Responsibility." International Organizations Law Review 12, no. 2 (April 27, 2015): 358–81. http://dx.doi.org/10.1163/15723747-01202005.

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The ‘institutional veil’ of international organizations is the linchpin for legal analysis and appraisal of the role and interrelation of international organizations, member States and organs. Through this lens the article examines in semi-broad strokes the position of international organizations’ member States in the legal framework of international responsibility, with reference to pertinent provisions in the ilc ario. This leads to the finding that in (the discourse on) the establishment of responsibility there are four possible legal contexts, which have the institutional veil of the organization work out in different ways: subsidiary responsibility of member States (the proverbial ‘piercing of the corporate veil’); the attribution of conduct to member States; the ‘attribution of responsibility’ to member States; and the bypassing of the institutional veil to establish independent responsibility of member States, which is then connected by a material link to the wrongful act of the organization or to the injurious circumstances originally at issue. While in the context of subsidiary responsibility the institutional veil can be seen as consistently impermeable since the 1980s Tin Council cases, in the context of attribution of conduct the institutional veil of organizations appears to be increasingly contested, engaged with and challenged for transparency.

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Omerović, Enis. "Damage in International Law: Precondition For State and International Organization Responsibility?" Društvene i humanističke studije (Online) 6, no. 3(16) (July 27, 2021): 381–408. http://dx.doi.org/10.51558/2490-3647.2021.6.3.381.

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The first chapter of the paper elaborates the question of whether one of the constitutive elements of the internationally wrongful act and a precondition for responsibility could be embodied in an existence of damage that has to be inflicted upon participants with international legal personality. In this regards legal doctrine, the arbitral awards, international judgments as well as the works of the UN International Law Commission will be examined, particularly the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the Draft Articles on the Responsibility of International Organisations from 2001 and 2011, respectively. An interesting question could be raised concerning the terms used in Law on Responsibility and that is whether there is a difference between damage, injury, and unlawful consequence. Punitive or penal damage and its application in Law on Responsibility will be further assessed. The author will begin its research with the definition of punitive damage, and will further take into consideration international legal doctrine, international arbitral awards, judicial decisions of international courts, decisions of various claims commissions as well as norms of general international law in supporting his hypothesis that international law does not entail reparations for punitive damages. One of the aims of this paper is to indicate the question of whether the existence of punitive damages in international law, if any, be linked to a legal nature of State and international organization responsibility, in the sense that application of punitive damages in international law would support the thesis on the very existence of criminal responsibility of the named subjects of international law? It is interesting to note that the criminal responsibility of states has been abandoned by the removal of Article 19 in the final Draft Articles on Responsibility of States.

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Mysak, O. I., O. M. Oliinyk, and H. M. Vakoliuk. "DOCTRINAL ASPECTS OF LEGAL RESPONSIBILITY AND INTERNATIONAL LEGAL RESPONSIBILITY AS ONE OF ITS TYPES." Juridical scientific and electronic journal, no. 12 (2021): 45–48. http://dx.doi.org/10.32782/2524-0374/2021-12/7.

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Zhukorska, Yaryna. "The modern concept of international legal responsibility." Aktual’ni problemi pravoznavstva 1, no. 3 (August 30, 2019): 36–40. http://dx.doi.org/10.35774/app2019.03.036.

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Krivenkova, Maria. "Legal Entities Entitled to Invoke International Responsibility." Journal of History Culture and Art Research 7, no. 4 (November 30, 2018): 146. http://dx.doi.org/10.7596/taksad.v7i4.1825.

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Cotler, Irwin. "Nazi war crimes—An international legal responsibility." Patterns of Prejudice 20, no. 4 (October 1986): 31–41. http://dx.doi.org/10.1080/0031322x.1986.9969877.

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Reike, Ruben, and Alex Bellamy. "The Responsibility to Protect and International Law." Global Responsibility to Protect 2, no. 3 (2010): 267–86. http://dx.doi.org/10.1163/187598410x500390.

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AbstractThe article evaluates the relationship between the Responsibility to Protect (RtoP) principle and international law. We argue that although the principle is best understood as a political commitment to implement already existing legal commitments, the RtoP is not devoid of legal content as some of its critics claim. The principle contains two sets of legal responsibilities. The first – responsibilities owed by a state towards its own population – are well-established customary principles in international law. The second – responsibilities owed by states to populations in other states – are much less well established. We argue that although RtoP does not in itself create new legal duties, states already have international legal responsibilities that relate directly to the principle's second pillar. Moreover, we identify the emergence of nascent legal thinking which suggests that a wider set of legal duties might emerge in the future.

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Loza, D. I. "Concepts and Elements of International Illegal Action of the State." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 399–405. http://dx.doi.org/10.33663/2524-017x-2022-13-63.

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The article examines the concept and elements of international illegal action of the state. Doctrinal approaches to defining the concept of internationally illegal action of the state are analyzed. The importance of codification and further development of international law in the field of responsibility of states for internationally wrongful acts is noted. It is noted that due to the systematization of doctrine and judicial practice in 2001 it was possible to substantiate the latest doctrinal definition of responsibility in international law for international illegal actions of the state, which found its implementation and enshrined in the Articles of UN Resolution 56/83 of 12 December 2001. The Articles on the Responsibility of States for Internationally Wrongful Acts stipulate that every State that has committed an internationally wrongful act is liable for it. The Articles define the elements of internationally illegal actions of the state. It is noted that an internationally wrongful act of a state occurs when any conduct constituting an act or omission is a) appropriated to a state under international law; and (b) constitutes a violation of that State’s international legal obligation. Thus, the illegal behavior of the state can be both active and inaction of the state. An important role in the preparation of the Articles belongs to the Commission on International Law. Thus, the modern doctrine of the state’s responsibility in international law for international illegal acts is based on the recognition of the state’s illegal behavior in violation of the international legal obligations of this state under international law. Therefore, the issues of international legal responsibility of states for internationally wrongful acts need to be enshrined in the Universal International Convention on the Liability of States for Internationally Wrongful Acts, which will contribute to the progressive development of the law of international responsibility. Key words: internationally illegal act of the state, responsibility of the state, International Law Commission.

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Miļūna, Ieva. "Latvian Tradition in State Responsibility." Baltic Yearbook of International Law Online 19, no. 1 (September 9, 2021): 8–26. http://dx.doi.org/10.1163/22115897_01901_003.

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This Chapter examines the role of the law of state responsibility in the practice of the Latvian State. The author elaborates on Latvian state creation and practice in the 1920s and 1930s which present a solid ground for the newly founded State’s participation in the legal affairs of the international community. Latvian state practice contributes to the law of state responsibility by elaborating on the concepts of rule of law, international wrongful acts and the necessity to comply with Latvia’s internationally binding legal obligations. Special attention is devoted to the concept of State continuity, and the author claims that in Latvian history the rules of state responsibility predetermined enforcement of the primary rules of state continuity. The author also examines the Latvian state practice since 1990 by examples, which show the application of international law and thus its normative effect as well as arguably refer to a violation of international law, thereby elaborating on the crucial functions of the rule of law.

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Dissertations / Theses on the topic "International legal responsibility"

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Rosenälv, Sandra. "Responsibility to protect : a legal principle in international law?" Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-142938.

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Slavko, Anna Serhiivna, Анна Сергіївна Славко, and Анна Сергеевна Славко. "Some legal aspects of realization of principle of individual criminal responsibility in international criminal law." Thesis, Belarusian State Economic University, 2015. http://essuir.sumdu.edu.ua/handle/123456789/51091.

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Some legal aspects of realization of principle of individual criminal responsibility in international criminal law are discovered in the article
У статті досліджуються певні особливості реалізації принципу індивідуальної кримінальної відповідальності у міжнародному кримінальному праві

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Kolb, Andreas Stephan. "The responsibility to protect : legal rights and obligations to save humans from mass murder and ethnic cleansing." Thesis, University of British Columbia, 2008. http://hdl.handle.net/2429/4160.

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The context for this work is set by the proliferation of intrastate conflicts and the international legal debate of humanitarian intervention. The thesis specifically addresses the concept of the “Responsibility to Protect” (R2P) as formulated by the International Commission on Intervention and State Sovereignty (ICISS). The objective is to assess the present quality of R2P as a concept of international law. Five components of the R2P framework are discussed: the primary responsibility of every state to protect its population from large-scale killings and large-scale ethnic cleansing; the right of other states to collective humanitarian intervention through the United Nations; a right of unilateral humanitarian intervention without prior Security Council authorization; the responsibility of the international community to take military action; and the criteria for external military involvement. Methodologically, the analysis is grounded in the dominant theory of legal positivism and its doctrine of sources, which requires notably an analysis of treaties and customary international law. An ethical theory is devised and applied, however, to remedy inadequacies of a strictly positivist method that sets out to determine international law solely on the basis of hard facts. These ethical considerations serve as a background theory to provide guidance in difficult cases of treaty or customary law analysis, and they fill gaps in positive international law as legally binding “principles of ethical law”. In conclusion, the individual components of R2P differ in terms of their legal status and the degree to which it can be explained by the traditional posivist approach to international law. The primary responsibility of every state has become accepted as a hard norm of international customary law; the right of collective humanitarian intervention is provided for in Chapter VII of the UN Charter; a right of unilateral humanitarian intervention has become part of the international legal system as a “principle of ethical law”; the residual responsibility of the international community is a principle of “legal soft law”; finally, positive international law defines no criteria delineating the permissible and required use of force for the protection of foreign populations.

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Wabwile, Michael Nyongesa. "Legal protection of social and economic rights of children in developing countries : reassessing international cooperation and responsibility." Thesis, University of Leicester, 2010. http://hdl.handle.net/2381/10226.

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One of the trends in the twentieth century international law-making is the proliferation of legal norms that recognise economic and social rights. Among the landmark developments in this process was the enactment of the UN Convention on the Rights of the Child 1989. This Convention declares universal rights of every child and has been ratified by virtually all states including the developing countries. This raises the issue as to whether and how the economic and social rights of children can be implemented in the developing world. One approach to this issue is to explore how the concept of international cooperation in the protection of economic and social rights has been applied to determine and assign external obligations to states parties to the UN Charter. This study examines the scope of obligations and responsibility for the fulfilment of children’s social and economic rights under international law. It argues that in addition to the domestic/vertical obligations of states’ parties to regimes of human rights law, international law on the protection and promotion of the social and economic rights of children as recently interpreted and applied by states parties entrenches binding external/diagonal obligations of states to support global fulfilment of these rights. Besides recognising their external diagonal obligations, states have adopted legal instruments assigning duties to non-state actors to contribute to the universal fulfilment of children’s social and economic rights. The present study interrogates these developments and explores how the emerging jurisprudence on states’ extra-territorial obligations regarding children’s social and economic rights and the responsibilities of non-state actors can be further mainstreamed in the legal discourse on international protection of economic and social rights.

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Blackford, William R. "The Responsibility to Protect and International Law: Moral, Legal and Practical Perspectives on Kosovo, Libya, and Syria." PDXScholar, 2014. https://pdxscholar.library.pdx.edu/open_access_etds/2532.

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Humanitarian intervention has long been a secondary or tertiary concern in a security driven international system. Since NATO's intervention during the Kosovo crisis in 1999 there have been significant developments in both the language and form of humanitarian intervention as a matter of international law. The events in Kosovo sparked debate about how to handle humanitarian crisis in the future and thus humanitarian intervention evolved into a redefinition of sovereignty as responsibility and the Responsibility to Protect. The Responsibility to Protect has had a number of opportunities to continue to evolve and assert itself in an international legal context throughout the ensuing years since the Kosovo intervention. The purpose of this research is to explore the moral, legal and practical implications of the Responsibility to Protect doctrine. Classical and contemporary theories of international relations and moral philosophy are applied in the context of the Responsibility to Protect and its effect upon the international system and specific states to cultivate a sense of the development of the norm and different actors' attitudes towards it. A literature review is conducted to show the practical and conceptual issues inherent in the framework of the Responsibility to Protect. The norm is then applied to the cases of Kosovo, Libya, and Syria to assess its effect in practice and determine its origins. The analysis of these case studies leads to a number of conclusions regarding its effectiveness and future application. The case studies chosen for this research are Kosovo, Libya, and Syria. The case of Kosovo helps to establish a humanitarian intervention framework, the need for redefinition, and the beginning of the Responsibility to Protect. Libya shows the first strong case for the positive application of the Responsibility to Protect in a practical sense. The non-intervention in Syria shows the difficult political issues involved in intervention and presents uncertainty as to the positive develop of the norm. These cases clearly show the myriad of practical challenges to RtoP that are borne out the theoretical, moral issues embedded in its philosophy. The conclusion drawn from the literature review and subsequent case studies is that the current efforts to assert the Responsibility to Protect are aimed at the wrong areas of international law and states, and that the norm is not developing positively in a linear pattern. To successfully promote its acceptance the Responsibility to Protect must build institutional linkages to make intervention more cost effective, exercise the regional options available to promote and ensure the legitimacy of intervention, and assure the acceptance of RtoP by the major powers in the Security Council.

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Ramages, Kelly-Anne. "Investigating the minimum age of criminal responsibility in African legal systems." Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4999_1259563406.

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The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. Up until recently, debates around fixing a MACR had been successfully side-stepped since the adoption of the UNCRC in 1989. The UNCRC has provided for human rights for children on a global scale while the ACRWC provides for such rights regionally. Contracting States Parties to these treaties agree that there needs to be a MACR in place and have adopted a childrens rights-based framework for reviewing their current child laws, policies and practices in accordance with the minimum standards provided. They do not however, agree on what the fixed minimum age should be..."

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Argren, Rigmor. "International legal responsibility for news media content that contributes to war crimes and/or serious human rights violations." Thesis, University of Essex, 2012. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.549303.

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Podcameni, Ana Paula. "The Contribution of the Special Court for Sierra Leone to the Law on Criminal Responsibility of Children in International Criminal Law." FIU Digital Commons, 2017. http://digitalcommons.fiu.edu/etd/3358.

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The revision of laws and the application of culpability to those most responsible for serious humanitarian law violations has functioned as a necessary condition for achieving peace in most post-war societies. However, there is an embarrassing silence when it comes to addressing the question of whether children are to be subjected to the principle of individual criminal responsibility. As morally controversial as it is, the question remains fundamental. Unfortunately, children have been involved in armed conflicts, as victims primarily, but not exclusively. Children are among those accused of having committed brutal and terrible international crimes in times of armed conflict when part of armed groups or armed forces. And with no consensus within the international community regarding their status within International Criminal Law — no established law within International Law and no consistent practice among states on the issue— the problem of criminal accountability of children accused of international crimes remains unanswered. The current work conducts a legal positivist analysis with the focus of investigating the contribution of the Special Court for Sierra Leone to the current debate on children’s criminal responsibility under International Criminal Law. Among significant contributions, the Statute of the Special Court brought one interesting innovation to the debate on children’s potential criminal responsibility. Juveniles starting at age fifteen would be considered viable for prosecution if among those most responsible for the Special Court, as established in Article 7.1. The above innovation translates into two essential contributions to the debate on children criminal responsibility for international crimes: first the Special Court was the first international court to elect a minimum age of criminal responsibility (MACR) at age fifteen to be operational within the scope of the court. Secondly, and equally important, the court reflected the position that children, after the stipulated MACR would be considered, at least a priori, viable subjects of the international criminal system.

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Baeumler, Jelena. "The legal nature of WTO obligations: bilateral or collective?" Thesis, University of the Western Cape, 2013. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4422_1380708069.

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Uyar, Abatay Lema. "The accountability of UN post-conflict administrations for violations of international humanitarian law and human rights law." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a3dc00e1-afe1-4503-a9de-e18af88c2982.

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The thesis explores the extent to which the UN post-conflict administrations are accountable towards the populations of the territories they administer. The post-conflict administrations temporarily assume legislative and administrative powers to support the peace processes, to help to resolve the sovereignty issues or to establish administrative structures that might be non-existent in these territories. The thesis argues that, while the exercise of these extensive powers entails the accountability of the UN, in practice this accountability is not effectively engaged. As opposed to other forms of accountability, the focus is on the international legal responsibility of the UN as the prominent and most meaningful form of accountability, in the accountability relationship between the administrator and the administered, which gives the populations of the administered territories the opportunity to challenge the acts of international administrations and seek redress. In exploring the legal responsibility of the UN and in line with Article 4 of the ILC Draft Articles on the Responsibility of International Organizations, which states only an act of an international organization that constitutes a breach of an international obligation entails its responsibility, this thesis initially explores the extent of international obligations arising from, and the extent of applicability of, three bodies of law. First, the thesis discusses the applicability of international humanitarian law, the fundamental principles of which have traditionally been part of UN peace operations practice. Next, it considers the applicability of the law of occupation, which shares stark factual similarities with the UN post-conflict administrations. Finally, the applicability of international human rights law, which is consistently part of the applicable law in post-conflict territories, and the protection and promotion of which is consistently included in the mandates of post-conflict administrations is examined. The thesis argues that the simultaneous application these bodies of law would help to create a legal framework to engage the accountability of UN post-conflict administrations and this legal framework should be complemented by effective accountability mechanisms.

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Books on the topic "International legal responsibility"

1

International corporate legal responsibility. Alphen aan den Rijn: Kluwer Law International, 2012.

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Boas, Gideon. Forms of responsibility in international criminal law. Cambridge: Cambridge University Press, 2007.

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Boas, Gideon. Forms of responsibility in international criminal law. Cambridge, UK: Cambridge University Press, 2007.

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University of Karachi. Area Study Centre for Europe, Hanns-Seidel-Stiftung, and International Seminar on 'Humanitarian', Preemptive, Punitive and Political Intervention and State Sovereignty: Varying Political, Moral and Legal Standpoints (2009 : Islamabad, Pakistan), eds. 'Humanitarian', preemptive, punitive and political intervention and state sovereignty: Varying political, moral and legal standpoints. Karachi: Area Study Centre for Europe, University of Karachi, 2010.

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Legal protection of social and economic rights of children in developing countries: Reassessing international cooperation and responsibility. Antwerp: Intersentia, 2010.

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Children's rights and the minimum age of criminal responsibility: A global perspective. Farnham, England: Ashgate Pub., 2009.

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Miller, Roger LeRoy. West's business law: Text, summarized cases, legal, ethical, regulatory, and international environment. 7th ed. [Minneapolis/St. Paul? Minn.]: West Educational Pub., 1999.

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Regulating multinationals in developing countries: A conceptual and legal framework for corporate social responsibility. Farnham, Surrey: Gower Pub., 2012.

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Die strafrechtliche Verantwortlichkeit des nicht-militärischen Vorgesetzten: Eine rechtsvergleichende Untersuchung zu Artikel 28 IStGH-Statut. Berlin: Duncker & Humblot, 2010.

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1954-, Stephens Beth, and Stephens Beth 1954-, eds. International human rights litigation in U.S. courts. Boston: Martinus Nijhoff Publishers, 2008.

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Book chapters on the topic "International legal responsibility"

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Martin, David A. "The Authority and Responsibility of States." In Migration and International Legal Norms, 31–45. The Hague: T.M.C. Asser Press, 2003. http://dx.doi.org/10.1007/978-90-6704-459-2_2.

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Chinchón Álvarez, Javier. "Secession, International Responsibility and Human Rights." In Legal Implications of Territorial Secession in Spain, 371–402. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-04609-4_11.

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Baade, Hans W. "8. Individual Responsibility." In The Future of the International Legal Order, Volume 4: The Structure of the International Environment, edited by Cyril E. Black and Richard A. Falk, 291–328. Princeton: Princeton University Press, 2015. http://dx.doi.org/10.1515/9781400873074-010.

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Oman, Natalie. "The international legal character of the responsibility to protect." In The Responsibility to Protect in International Law, 108–45. Abingdon, Oxon ; New York, NY : Routledge, 2019. | Based on author’s thesis (doctoral - Osgoode Hall Law School, 2012) issued under title: A philosophical investigation of the responsibility to protect in international law.: Routledge, 2019. http://dx.doi.org/10.4324/9781315553535-6.

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Ugochukwu, Basil. "Responsibility of Corporations in International Law: Positivism and Transnationalism Revisited." In Legal Positivism in a Global and Transnational Age, 295–312. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-24705-8_11.

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Satō, Hiromi. "Change of the Structure of International Legal Order and ‘Hesitation’." In The Execution of Illegal Orders and International Criminal Responsibility, 147–56. Berlin, Heidelberg: Springer Berlin Heidelberg, 2010. http://dx.doi.org/10.1007/978-3-642-16753-9_5.

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Sayapin, Sergey. "International Legal Foundations of the Individual Criminal Responsibility for the Crime of Aggression." In The Crime of Aggression in International Criminal Law, 147–98. The Hague: T.M.C. Asser Press, 2014. http://dx.doi.org/10.1007/978-90-6704-927-6_3.

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Nassereddin, Taher. "Legal and Administrative Responsibility of Domestic Water Supply to the Palestinians." In Management Of Shared Groundwater Resources: The Israeli-Palestinian Case With An International Perspective, 107–14. Dordrecht: Springer Netherlands, 2001. http://dx.doi.org/10.1007/978-94-010-0680-4_7.

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Gasbarri, Lorenzo. "Overlapping Responsibility: The Legal Relationship Between the International Organization and the Host State." In The Duty of Care of International Organizations Towards Their Civilian Personnel, 103–25. The Hague: T.M.C. Asser Press, 2018. http://dx.doi.org/10.1007/978-94-6265-258-3_4.

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Grover, Sonja C. "The International Legal Responsibility to Child Victims of Systematic Torture During Armed Conflict." In The Torture of Children During Armed Conflicts, 171–213. Berlin, Heidelberg: Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-40689-8_8.

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Conference papers on the topic "International legal responsibility"

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Krastev, Dragomir. "INTERNATIONAL RESPONSIBILITY FOR CYBERCRIMES." In 15 YEARS OF ADMINISTRATIVE JUSTICE IN BULGARIA - PROBLEMS AND PERSPECTIVES. University publishing house "Science and Economics", University of Economics - Varna, 2022. http://dx.doi.org/10.36997/ppdd2022.61.

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The manuscript examines the specific problems related to the realization of international legal responsibility in the commission of cybercrime. The emphasis is on the responsibility of individuals and legal entities, as well as that of the state as a special legal entity in the investigation of cybercrime.

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Умарова, Мадина Алиевна. "RESTITUTION AND RESTORATION AS FORMS OF INTERNATIONAL LEGAL RESPONSIBILITY." In Образование. Культура. Общество: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Июнь 2020). Crossref, 2020. http://dx.doi.org/10.37539/ecs291.2020.23.49.018.

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Государство, нарушая установленные в его отношении международно-правовые обязательства, совершает международно-противоправное деяние, тем самым нанеся определенный вред своими действиями пострадавшей стороне. В статье проанализированы реституция и ресторация как самостоятельные формы международно-правовой ответственности, их содержание и значение. The state, violating the international legal obligations established in relation to it, commits an internationally wrongful act, thereby inflicting certain harm by its actions to the injured party. The article analyzes restitution and restauration as independent forms of international legal responsibility, their content and significance.

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Kim, N. "Audit Responsibility as a Specific Type of Legal Responsibility." In International Scientific Conference "Far East Con" (ISCFEC 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200312.007.

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Умарова, Амала Алиевна. "LEGAL ANALYSIS OF THE INTANGIBLE RESPONSIBILITY OF STATES: CONCEPT, SUMMARY, FORMS." In Образование. Культура. Общество: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Июнь 2020). Crossref, 2020. http://dx.doi.org/10.37539/ecs291.2020.78.11.024.

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Особое место в изучении вопроса международной ответственности отводится видам и формам международной ответственности государств. Значение их обусловлено тем, что они и отражают юридические последствия, применяемые в отношении государств, совершивших международное правонарушение. A special place in the study of the issue of international responsibility is given to the types and forms of international responsibility of states. Their significance is due to the fact that they reflect the legal consequences applicable to states that have committed an international offense.

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Муцалов, Шадид Шахидович. "GROUNDS FOR THE ESTABLISHMENT OF INTERNATIONAL LEGAL LIABILITY." In Сборник избранных статей по материалам научных конференций ГНИИ "Нацразвитие" (Санкт-Петербург, Май 2021). Crossref, 2021. http://dx.doi.org/10.37539/may191.2021.80.38.007.

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В данной статье проанализировано понятие международно -правовой ответственности государств, в частности санкций за нарушение норм международного права. This article analyzes the concept of international legal responsibility of States, in particular the sanctions for violation of norms of international law.

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Brilliantov, Aleksander, Andrey Aryamov, Sergey Sklyarov, and Mikhail Prostoserdov. "Russian experience in the implementation of the provisions of international legislation on criminal responsibility for an act of international terrorism." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.qdkh5591.

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This work aims to address the completeness and comprehensiveness of implementing the provisions of international law on criminal responsibility for an international terrorism act. The work used the method of dialectical knowledge, the comparative-legal method, the method of analysis of legal documents, and the synthesis of scientific data. The findings of the work are scientific data on the completeness and comprehensiveness of the implementation of the provisions of international legislation on criminal responsibility for an international terrorism act. The Russian experience in implementing the provisions of international legislation on criminal responsibility for an international terrorism act is comprehensive and complete, although it is debatable. The legislation considers both the criminal responsibility for committing an international terrorism act and its financing. Peculiarities of criminal responsibility and punishment for an international terrorism act are indicated that this crime is the most dangerous of those prohibited by the national legislation of the Russian Federation.

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Grabovich, T. A. "STATE AND INDIVIDUAL RESPONSIBILITY IN INTERNATIONAL PUBLIC LAW: A CONCEPTUAL DISTINCTION." In LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT PRACTICE: REGULARITIES AND DEVELOPMENT TRENDS. Baltija Publishing, 2020. http://dx.doi.org/10.30525/978-9934-588-92-1-95.

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Kresic, Mario. "Is the R2P Norm a Legal Norm?" In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.24.

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The conception of the Responsibility to Protect (R2P) was developed to resolve the practical problem of the inefficiency of the international community to address atrocities. The present contribution aims at the clarification of the theoretical problem on the nature of R2P norm and provision of conceptual tools for its solution. After differentiating R2P objects and contouring their content, the question whether the R2P norm is of a legal kind will be addressed. The contribution claims that application of the proposed legal concepts – theoretical conception related to the law, doctrine, norm, principle and rule – contributes to the clarification of the objects and content of the R2P; and that political responsibility approach to the identification of a legal norm and the specific concept of emerging norm are suitable tools for determining the legal nature of R2P norm.

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Lehmann, Jos, and Abdullatif A. O. Elhag. "On the automation of legal reasoning about responsibility." In the 8th international conference. New York, New York, USA: ACM Press, 2001. http://dx.doi.org/10.1145/383535.383567.

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Ushakov, Andrey Yu. "Social And Legal Guarantees Of Freedom And Responsibility." In International Forum «Freedom and responsibility in pivotal times». European Publisher, 2022. http://dx.doi.org/10.15405/epsbs.2022.03.96.

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Reports on the topic "International legal responsibility"

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Bunn, Sarah, and Penelope Brown. Age of Criminal Responsibility. Parliamentary Office of Science and Technology, June 2018. http://dx.doi.org/10.58248/pn577.

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A POSTnote that discusses the age of criminal responsibility and explores issues arising from international legal standards, the scientific research on children's mental and moral development, and alternative approaches to dealing with children in conflict with the law.

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Blackford, William. The Responsibility to Protect and International Law: Moral, Legal and Practical Perspectives on Kosovo, Libya, and Syria. Portland State University Library, January 2000. http://dx.doi.org/10.15760/etd.2529.

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Kelly, Luke. Policy and Administrative Barriers to IDPs Accessing Basic Services. Institute of Development Studies (IDS), July 2021. http://dx.doi.org/10.19088/k4d.2021.112.

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Literature shows that IDPs struggle to access services, which has an impact on their ability to live healthy and fulfilling lives. In the field of health, IDPs frequently have worse outcomes than both host community and refugees. This rapid literature review finds evidence of a number of policy and administrative barriers to access of services for internally displaced persons (IDPs). IDPs remain citizens of the countries in which they are displaced, and the national authorities retain responsibility for meeting their basic rights. However, their displacement, loss of livelihoods and assets, lack of documentation, as well as discrimination against them, lack of protection under international law, lack of policy to address their needs, poor services and conflict or disaster conditions, can all make it more difficult for IDPs to access basic services than non-displaced citizens. There is relatively little literature systematically addressing the issue of administrative and policy barriers to service access among IDPs. Much of the literature discusses IDPs alongside refugees (who have a different legal status and access to different national and international support), or discusses the whole range of difficulties facing IDPs but does not focus on administrative or policy barriers. The literature frequently does not compare IDPs and other citizens and service users. Nevertheless, policy and administrative barriers are discussed, ranging from analysis of international instruments on IDPs to documentation procedures in particular countries. Much of the literature shows the prevalence of disease, lack of school attendance, limited provision of services etc. faced by IDPs, but does not discuss the policy and administrative barriers in detail.

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Lewis, Dustin, and Naz Modirzadeh. Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law. Harvard Law School Program on International Law and Armed Conflict, May 2021. http://dx.doi.org/10.54813/qbot8406.

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For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.

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Lewis, Dustin, Radhika Kapoor, and Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, December 2021. http://dx.doi.org/10.54813/uzav2714.

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The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.

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Aslam, Saba, and Megan Schmidt-Sane. Evidence Review: COVID-19 Recovery in South Asian Urban Informal Settlements. SSHAP, June 2022. http://dx.doi.org/10.19088/sshap.2022.012.

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The global pandemic has brought renewed attention toward the everyday challenges in informal settlements. COVID-19 reminds us that southern urban life is rooted in ‘collective’ experiences where toilets and kitchens are shared by multiple families; where the categories of work and home, private and public space overlap; and where the majority live in vulnerable conditions. Despite these challenges, some of the most innovative and collective responses to COVID-19 have emerged from these areas. While informal settlements did face a host of risks and vulnerabilities during the pandemic, local responses have highlighted the resilience of informal settlement communities. However, few informal settlements are actually ‘resilient’ and any local responses must be robustly supported by system-wide change including support from local and national governments, improvements to built infrastructure, and improved access to health care services, among other priorities. The category of ‘informal settlements’ also captures a wide range of settlement types, from a legal slum to an informal settlement with no legal status, with many other types in between. This underscores the need to address fundamental issues that ‘perpetuate conditions of inequity, exclusion and vulnerability’ while also recognising the needs and contexts of different kinds of informal settlements. Whether COVID-19 helps governments recognise conditions of insecurity and vulnerability to address safe and secure housing and infrastructures remains to be seen. This is an update to the previous SSHAP brief on ‘COVID-19 in Informal Urban Settlements’ (March 2020). This evidence review highlights local responses, grassroots efforts, and challenges around COVID-19 recovery within urban informal settlements in South Asia. It focuses on specific examples from Karachi, Pakistan and Mumbai, India to inform policy responses for COVID-19 recovery and future epidemic preparedness and response. We show how local level responses are shaped in these cities where national and international responses have not reached communities at municipal and sub-municipal levels. This brief was written by Saba Aslam (IDS Alumni) and Megan Schmidt-Sane (IDS), with reviews from Professor Amita Bhide (Tata Institute of Social Sciences, India), Dr Asad Sayeed (Collective for Social Science Research, Pakistan), Annie Wilkinson (IDS), and contributions from Swati Mishra (LSHTM), Prerana Somani (LSHTM), Saleemullah Odho (Deputy Commissioner, Korangi district Karachi), Dr Noman Ahmed (NED University, Karachi), Tahera Hasan (Imkaan Foundation, Karachi), Atif Khan (District Health Officer, Korangi district Karachi), Dr Harris (District Focal person, Korangi), Aneeta Pasha (Interactive for Research and Development, Karachi), Yasmeen Shah (Pakistan Fisherfolk Forum), Ghulam Mustafa (HANDS Pakistan), and Dr Shehrin Shaila Mahmood (icddr,b). This brief is the responsibility of SSHAP.

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Ossoff, Will, Naz Modirzadeh, and Dustin Lewis. Preparing for a Twenty-Four-Month Sprint: A Primer for Prospective and New Elected Members of the United Nations Security Council. Harvard Law School Program on International Law and Armed Conflict, December 2020. http://dx.doi.org/10.54813/tzle1195.

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Under the United Nations Charter, the U.N. Security Council has several important functions and powers, not least with regard to taking binding actions to maintain international peace and security. The ten elected members have the opportunity to influence this area and others during their two-year terms on the Council. In this paper, we aim to illustrate some of these opportunities, identify potential guidance from prior elected members’ experiences, and outline the key procedures that incoming elected members should be aware of as they prepare to join the Council. In doing so, we seek in part to summarize the current state of scholarship and policy analysis in an effort to make this material more accessible to States and, particularly, to States’ legal advisers. We drafted this paper with a view towards States that have been elected and are preparing to join the Council, as well as for those States that are considering bidding for a seat on the Council. As a starting point, it may be warranted to dedicate resources for personnel at home in the capital and at the Mission in New York to become deeply familiar with the language, structure, and content of the relevant provisions of the U.N. Charter. That is because it is through those provisions that Council members engage in the diverse forms of political contestation and cooperation at the center of the Council’s work. In both the Charter itself and the Council’s practices and procedures, there are structural impediments that may hinder the influence of elected members on the Security Council. These include the permanent members’ veto power over decisions on matters not characterized as procedural and the short preparation time for newly elected members. Nevertheless, elected members have found creative ways to have an impact. Many of the Council’s “procedures” — such as the “penholder” system for drafting resolutions — are informal practices that can be navigated by resourceful and well-prepared elected members. Mechanisms through which elected members can exert influence include the following: Drafting resolutions; Drafting Presidential Statements, which might serve as a prelude to future resolutions; Drafting Notes by the President, which can be used, among other things, to change Council working methods; Chairing subsidiary bodies, such as sanctions committees; Chairing the Presidency; Introducing new substantive topics onto the Council’s agenda; and Undertaking “Arria-formula” meetings, which allow for broader participation from outside the Council. Case studies help illustrate the types and degrees of impact that elected members can have through their own initiative. Examples include the following undertakings: Canada’s emphasis in 1999–2000 on civilian protection, which led to numerous resolutions and the establishment of civilian protection as a topic on which the Council remains “seized” and continues to have regular debates; Belgium’s effort in 2007 to clarify the Council’s strategy around addressing natural resources and armed conflict, which resulted in a Presidential Statement; Australia’s efforts in 2014 resulting in the placing of the North Korean human rights situation on the Council’s agenda for the first time; and Brazil’s “Responsibility while Protecting” 2011 concept note, which helped shape debate around the Responsibility to Protect concept. Elected members have also influenced Council processes by working together in diverse coalitions. Examples include the following instances: Egypt, Japan, New Zealand, Spain, and Uruguay drafted a resolution that was adopted in 2016 on the protection of health-care workers in armed conflict; Cote d’Ivoire, Kuwait, the Netherlands, and Sweden drafted a resolution that was adopted in 2018 condemning the use of famine as an instrument of warfare; Malaysia, New Zealand, Senegal, and Venezuela tabled a 2016 resolution, which was ultimately adopted, condemning Israeli settlements in Palestinian territory; and A group of successive elected members helped reform the process around the imposition of sanctions against al-Qaeda and associated entities (later including the Islamic State of Iraq and the Levant), including by establishing an Ombudsperson. Past elected members’ experiences may offer some specific pieces of guidance for new members preparing to take their seats on the Council. For example, prospective, new, and current members might seek to take the following measures: Increase the size of and support for the staff of the Mission to the U.N., both in New York and in home capitals; Deploy high-level officials to help gain support for initiatives; Partner with members of the P5 who are the informal “penholder” on certain topics, as this may offer more opportunities to draft resolutions; Build support for initiatives from U.N. Member States that do not currently sit on the Council; and Leave enough time to see initiatives through to completion and continue to follow up after leaving the Council.

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