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A Critical Analysis of the UN International Law Commission’s Codification Work on State Responsibility and International Liability
Anna Zbaraszewska
Abstract
At its 53rd session (2001) the UN International Law Commission finally adopted a complete text of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts and the Draft Articles on Prevention of Transboundary Harm from Hazardous Activities. Studies on the allocation of loss – the second part of the topic “International liability for injurious consequenses arising out of acts not prohibited by international law” were completed in 2006. “State responsibility” means a new legal relation which arises under international law by reason of the internationally wrongful act of a state. State responsibility is based on secondary rules. They define the legal consequences which flow from the breach by a state of its international obligation. An internationally wrongful act of a state occurs when conduct consisting of an action or ommission is attributable to the state under international law and constitutes a breach of its international obligation. “International liability” concentrates on primary rules. The compound primary norm comprises four obligations: to prevent, to inform, to negotiate, to repair transboundary harm. Transboundary harm means harm caused in the territory of, or in other places under the jurisdiction or control af a state, other than the state of origin.- Record ID
- UAM8a2575577b1a484c866b9c274e972be0
- Diploma type
- Doctor of Philosophy
- Author
- Title in Polish
- Analiza krytyczna prac kodyfikacyjnych Komisji Prawa Międzynarodowego ONZ nad odpowiedzialnością międzynarodową państw
- Title in English
- A Critical Analysis of the UN International Law Commission’s Codification Work on State Responsibility and International Liability
- Language
- pol (pl) Polish
- Certifying Unit
- Faculty of Law and Administration (SNs/WPriAd/FoLaA) [Not active]
- Discipline
- law / (law) / (social studies)
- Status
- Finished
- Year of creation
- 2010
- Start date
- 26-05-2010
- Defense Date
- 26-05-2010
- Title date
- 26-05-2010
- Supervisor
- URL
- http://hdl.handle.net/10593/382 Opening in a new tab
- Keywords in English
- State responsibility; International liability
- Abstract in English
- At its 53rd session (2001) the UN International Law Commission finally adopted a complete text of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts and the Draft Articles on Prevention of Transboundary Harm from Hazardous Activities. Studies on the allocation of loss – the second part of the topic “International liability for injurious consequenses arising out of acts not prohibited by international law” were completed in 2006. “State responsibility” means a new legal relation which arises under international law by reason of the internationally wrongful act of a state. State responsibility is based on secondary rules. They define the legal consequences which flow from the breach by a state of its international obligation. An internationally wrongful act of a state occurs when conduct consisting of an action or ommission is attributable to the state under international law and constitutes a breach of its international obligation. “International liability” concentrates on primary rules. The compound primary norm comprises four obligations: to prevent, to inform, to negotiate, to repair transboundary harm. Transboundary harm means harm caused in the territory of, or in other places under the jurisdiction or control af a state, other than the state of origin.
- Uniform Resource Identifier
- https://researchportal.amu.edu.pl/info/phd/UAM8a2575577b1a484c866b9c274e972be0/
- URN
urn:amu-prod:UAM8a2575577b1a484c866b9c274e972be0