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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
Anna Zbaraszewska Anna Zbaraszewska,, Undefined Affiliation
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
Jan Sandorski Jan Sandorski,, Wydział Prawa i Administracji [nowa struktura organizacyjna] (SNs/WPriAd)Szkoła Nauk Społecznych [nowa struktura organizacyjna] (SNs)
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

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