Internationally wrongful acts in the domestic courts: the contribution of domestic courts to the development of customary international law relating to the engagement of international responsibility

2.50
Hdl Handle:
http://hdl.handle.net/10547/594470
Title:
Internationally wrongful acts in the domestic courts: the contribution of domestic courts to the development of customary international law relating to the engagement of international responsibility
Authors:
Olleson, Simon
Abstract:
The rules of customary international law governing when a state or international organization will be held to have committed an internationally wrongful act, thereby engaging its international responsibility, are relatively well settled in international practice and jurisprudence. A key point of reference in this regard is the work of the International Law Commission on State Responsibility and Responsibility of International Organizations. The present paper examines relevant practice of domestic courts from a variety of jurisdictions which have relied upon the ILC's work, and discusses the extent to which domestic courts may make a contribution to the further development of the rules relating to engagement of responsibility. It concludes that, due to the operation of rules of, inter alia, immunity and non-justiciability, the principal instance in which domestic courts may actually apply the rules of international law is where it is the responsibility of the forum state which is in issue.
Citation:
Olleson, S. (2013) 'Internationally Wrongful Acts in the Domestic Courts: The Contribution of Domestic Courts to the Development of Customary International Law Relating to the Engagement of International Responsibility' Leiden Journal of International Law 26 (03):615
Publisher:
Cambridge University Press
Journal:
Leiden Journal of International Law
Issue Date:
31-Jul-2013
URI:
http://hdl.handle.net/10547/594470
DOI:
10.1017/S0922156513000277
Additional Links:
http://www.journals.cambridge.org/abstract_S0922156513000277
Type:
Article
Language:
en
ISSN:
0922-1565; 1478-9698
Appears in Collections:
Centre for Research in Law (CRiL)

Full metadata record

DC FieldValue Language
dc.contributor.authorOlleson, Simonen
dc.date.accessioned2016-01-21T11:47:10Zen
dc.date.available2016-01-21T11:47:10Zen
dc.date.issued2013-07-31en
dc.identifier.citationOlleson, S. (2013) 'Internationally Wrongful Acts in the Domestic Courts: The Contribution of Domestic Courts to the Development of Customary International Law Relating to the Engagement of International Responsibility' Leiden Journal of International Law 26 (03):615en
dc.identifier.issn0922-1565en
dc.identifier.issn1478-9698en
dc.identifier.doi10.1017/S0922156513000277en
dc.identifier.urihttp://hdl.handle.net/10547/594470en
dc.description.abstractThe rules of customary international law governing when a state or international organization will be held to have committed an internationally wrongful act, thereby engaging its international responsibility, are relatively well settled in international practice and jurisprudence. A key point of reference in this regard is the work of the International Law Commission on State Responsibility and Responsibility of International Organizations. The present paper examines relevant practice of domestic courts from a variety of jurisdictions which have relied upon the ILC's work, and discusses the extent to which domestic courts may make a contribution to the further development of the rules relating to engagement of responsibility. It concludes that, due to the operation of rules of, inter alia, immunity and non-justiciability, the principal instance in which domestic courts may actually apply the rules of international law is where it is the responsibility of the forum state which is in issue.en
dc.language.isoenen
dc.publisherCambridge University Pressen
dc.relation.urlhttp://www.journals.cambridge.org/abstract_S0922156513000277en
dc.rightsArchived with thanks to Leiden Journal of International Lawen
dc.subjectstate responsibilityen
dc.subjectdomestic courtsen
dc.subjectcustomary international lawen
dc.subjectILC Articles on the Responsibility of States for Internationally Wrongful Acts; ILC Articles on the Responsibility of International Organizations for Internationally Wrongful Actsen
dc.titleInternationally wrongful acts in the domestic courts: the contribution of domestic courts to the development of customary international law relating to the engagement of international responsibilityen
dc.typeArticleen
dc.identifier.journalLeiden Journal of International Lawen
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