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, SimonIssue Date
2013-07-31Subjects
state responsibilitydomestic 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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Show full item recordAbstract
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):615Publisher
Cambridge University PressAdditional Links
http://www.journals.cambridge.org/abstract_S0922156513000277Type
ArticleLanguage
enISSN
0922-15651478-9698
ae974a485f413a2113503eed53cd6c53
10.1017/S0922156513000277
Scopus Count
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