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Justification and Excuse in International Law: Concept and Theory of General Defences

Justification and Excuse in International Law: Concept and Theory of General Defences

作者： Federica Paddeu
出版商： Cambridge University Press
ISBN: 9781107513990
出版时间 February 2019
规格： Paperback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781107106208

￥573.40

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描述
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The defences available to a state under the law of state responsibility can be considered either justifications (which render acts lawful) or excuses (excluding the responsibility of the state for wrongful conduct). This book is the first to comprehensively examine the distinction, informed by state practice and theoretical considerations.

The book shows that the distinction, often dismissed as one of mere academic distinction, carries significant practical implications in respect of, among others, the responsibility of accessories to the wrongful act, compensation for material breach, suspension and termination following a material breach of treaty, and impact on the normative pull of rules.

Combining an analysis of state practice, the historical development of the defences, their concept and rationale, and the theory of justification and excuse, the author proposes a classification of the six defences recognised in the Articles on State Responsibility adopted by the International Law Commission in 2001.
Introduction
1. Justification and excuse in international law
2. Consent
3. Self-defence
4. Countermeasures
5. Force majeure
5. State of necessity
6. Distress
Conclusion.

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