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    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

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    Authors
    Olleson, Simon
    Issue Date
    2013-07-31
    Subjects
    state responsibility
    domestic courts
    customary international law
    ILC Articles on the Responsibility of States for Internationally Wrongful Acts; ILC Articles on the Responsibility of International Organizations for Internationally Wrongful Acts
    
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    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
    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
    ae974a485f413a2113503eed53cd6c53
    10.1017/S0922156513000277
    Scopus Count
    Collections
    Centre for Research in Law (CRiL)
    Law

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