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Convergences and Divergencies on the Legal Consequences of International Crimes of States: With Whom Should Lie the Right of Response?
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M. SPINEDI
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Chapters in this book
- I-IV I
- Preface V
- Table of Contents VII
- List of Contributors XI
- Introduction 1
-
Part I. Crimes of State: The Legislative History
- International Crimes of State. The Legislative History 7
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Part II. Crimes of State: The Problems Revisited
- The Concept of "International Crimes" and its Place in Contemporary International Law 141
- Obligations Erga Omnes, International Crimes and Jus Cogens: A Tentative Analysis of Three Related Concepts 151
- International Crimes – A Specific Regime of International Responsibility of States and its Legal Consequences 161
- Implications of the Institutionalization of International Crimes of States 170
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Part III. Crimes of State: A General Discussion
- Introduction to the Debate 189
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General Discussion
- Observations on "Crimes of States" 194
- Remarks on the Present Legal Regulation of Crimes of States 200
- Some Comments on State Crimes and Lex Lata 213
- Remarks on Some Classes of Crimes by States 215
- State Crimes and Lex Lata 216
- On Defining the Concept 217
- Responsibility and State Crimes 219
- The Concept of Crimes of States: Evolution, Operation and Codification 220
- Remarks on Deficient Drafting of Article 19 222
- State Responsibility and the Concept of Crimes of States 223
- Lex Lata: Is there already a Differentiated Regime of State Responsibility in the Geneva Conventions? 225
- Critical Remarks on the Applicability of the Concept of Crimes of States to Humanitarian Law 232
- The Continuity between certain Principles of Humanitarian Law and the Concept of Crimes of States 233
- Obligations Erga Omnes and the International Community 237
- Short Comments on the Concept of Crimes of States and Some Related Notions 239
- Jus Cogens and Crimes of State 240
- State Responsibility: Lex Ferenda and Crimes of State 240
- Lex Lata or the Continuum of State Responsibility 242
- Convergences and Divergencies on the Legal Consequences of International Crimes of States: With Whom Should Lie the Right of Response? 244
- The Objectives of a New Regime and the Means for Accomplishment 249
- Critical Observations on Crimes of State and the Notion of "International Community as a Whole" 251
- The Concept of "International Community as a Whole": A Guarantee to the Notion of State Crimes 252
- On the Reaction of the "International Community as a Whole": A Perspective of Survival 253
- Crimes of State, Ius Standi, and Third States 255
- State Crimes Implementation Problems: Who Reacts? 256
- The Need to Abolish the Concept of Punishment 257
- Crimes of State: The Concept and Response 258
- Legal Questions Relating to the Consequences of International Crimes 260
- Some Short Remarks: Consequences and Terminology 263
- Measures Available to Third States Reacting to Crimes of State 264
- The Institutional Framework 266
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Part IV. Crimes of State: General Overviews of the Debate
- Problems and Issues Raised by Crimes of States: An Overview 271
- The Need to Better Clarify the Concept of Crimes of States 279
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Part V. Crimes of State: Part Two of the ILC Work on State Responsibility
- International Crimes: Injury and Countermeasures. Comments on Part 2 of the ILC Work on State Responsibility 283
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Part VI. Crimes of State: Conclusions
- On Prophets and Judges. Some Personal Reflections on State Responsibility and Crimes of State. Concluding Remarks to the Florence Conference on State Responsibility 319
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Part VII. Crimes of State: Bibliography
- International Crimes of State. Bibliography 1946-1984 339
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Part VIII. Crimes of State: Annexes
- I. Draft Articles on State Responsibility Adopted So Far by the International Law Commission 357
- II. Draft Articles on State Responsibility Submitted by Special Rapporteur Riphagen 365
Chapters in this book
- I-IV I
- Preface V
- Table of Contents VII
- List of Contributors XI
- Introduction 1
-
Part I. Crimes of State: The Legislative History
- International Crimes of State. The Legislative History 7
-
Part II. Crimes of State: The Problems Revisited
- The Concept of "International Crimes" and its Place in Contemporary International Law 141
- Obligations Erga Omnes, International Crimes and Jus Cogens: A Tentative Analysis of Three Related Concepts 151
- International Crimes – A Specific Regime of International Responsibility of States and its Legal Consequences 161
- Implications of the Institutionalization of International Crimes of States 170
-
Part III. Crimes of State: A General Discussion
- Introduction to the Debate 189
-
General Discussion
- Observations on "Crimes of States" 194
- Remarks on the Present Legal Regulation of Crimes of States 200
- Some Comments on State Crimes and Lex Lata 213
- Remarks on Some Classes of Crimes by States 215
- State Crimes and Lex Lata 216
- On Defining the Concept 217
- Responsibility and State Crimes 219
- The Concept of Crimes of States: Evolution, Operation and Codification 220
- Remarks on Deficient Drafting of Article 19 222
- State Responsibility and the Concept of Crimes of States 223
- Lex Lata: Is there already a Differentiated Regime of State Responsibility in the Geneva Conventions? 225
- Critical Remarks on the Applicability of the Concept of Crimes of States to Humanitarian Law 232
- The Continuity between certain Principles of Humanitarian Law and the Concept of Crimes of States 233
- Obligations Erga Omnes and the International Community 237
- Short Comments on the Concept of Crimes of States and Some Related Notions 239
- Jus Cogens and Crimes of State 240
- State Responsibility: Lex Ferenda and Crimes of State 240
- Lex Lata or the Continuum of State Responsibility 242
- Convergences and Divergencies on the Legal Consequences of International Crimes of States: With Whom Should Lie the Right of Response? 244
- The Objectives of a New Regime and the Means for Accomplishment 249
- Critical Observations on Crimes of State and the Notion of "International Community as a Whole" 251
- The Concept of "International Community as a Whole": A Guarantee to the Notion of State Crimes 252
- On the Reaction of the "International Community as a Whole": A Perspective of Survival 253
- Crimes of State, Ius Standi, and Third States 255
- State Crimes Implementation Problems: Who Reacts? 256
- The Need to Abolish the Concept of Punishment 257
- Crimes of State: The Concept and Response 258
- Legal Questions Relating to the Consequences of International Crimes 260
- Some Short Remarks: Consequences and Terminology 263
- Measures Available to Third States Reacting to Crimes of State 264
- The Institutional Framework 266
-
Part IV. Crimes of State: General Overviews of the Debate
- Problems and Issues Raised by Crimes of States: An Overview 271
- The Need to Better Clarify the Concept of Crimes of States 279
-
Part V. Crimes of State: Part Two of the ILC Work on State Responsibility
- International Crimes: Injury and Countermeasures. Comments on Part 2 of the ILC Work on State Responsibility 283
-
Part VI. Crimes of State: Conclusions
- On Prophets and Judges. Some Personal Reflections on State Responsibility and Crimes of State. Concluding Remarks to the Florence Conference on State Responsibility 319
-
Part VII. Crimes of State: Bibliography
- International Crimes of State. Bibliography 1946-1984 339
-
Part VIII. Crimes of State: Annexes
- I. Draft Articles on State Responsibility Adopted So Far by the International Law Commission 357
- II. Draft Articles on State Responsibility Submitted by Special Rapporteur Riphagen 365