Is the Infringement of a Treaty a Fault?
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Françoise Auvray
Abstract
This contribution deals with the wrongful behaviour of public authorities, in this case in particular the Belgian State, and delves into a challenge that the multi-levelled legal order poses for the national tort system. It inquires how the violation of an international treaty relates to liability in the national legal system. More specifically, the author examines if it is necessary, when dealing with state liability, to limit the concept of fault to the infringements of international treaties with direct effect, excluding the violation of those without such effect.
Endnote
This contribution is a translation of the previously published article: F Auvray, La violation d’un traité est-elle une faute? – Incidence de l’absence d’effet direct sur la responsabilité extracontractuelle de l’État, Journal des Tribunaux (2019), 21.
© 2020 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Frontmatter
- Articles
- Public Authorities and Tort Law: a Difficult Marriage?
- Policy Orientation in Public Authority Liability: a Comparative Law Perspective
- Extracontractual Liability Law as a Policy Instrument: Public Law in Disguise or in Chains?
- Is the Infringement of a Treaty a Fault?
- Managing Mass Damages Liability via Tort Law and Tort Alternatives, with Ireland as a Case Study
- Cost Recovery of Preventive and Remedial Measures against Environmental Damage from the Polluter through Tort Law: European Spill Over, Troubled National Waters?
Articles in the same Issue
- Frontmatter
- Frontmatter
- Articles
- Public Authorities and Tort Law: a Difficult Marriage?
- Policy Orientation in Public Authority Liability: a Comparative Law Perspective
- Extracontractual Liability Law as a Policy Instrument: Public Law in Disguise or in Chains?
- Is the Infringement of a Treaty a Fault?
- Managing Mass Damages Liability via Tort Law and Tort Alternatives, with Ireland as a Case Study
- Cost Recovery of Preventive and Remedial Measures against Environmental Damage from the Polluter through Tort Law: European Spill Over, Troubled National Waters?
