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Journal articles on the topic 'Responsibility for wrongful acts'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Nollkaemper, André. "Internationally Wrongful Acts in Domestic Courts." American Journal of International Law 101, no. 4 (2007): 760–99. http://dx.doi.org/10.1017/s0002930000037714.

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This article explores the relevance of the law of international responsibility to the practice of domestic courts. In addition to proposing analytical distinctions that allow us to systematize and differentiate domestic case law pertaining to international responsibility, the article essentially advances three arguments. First, in certain circumstances domestic courts may find that a breach of an international obligation by the forum state constitutes an internationally wrongful act. Principles of international responsibility may be applicable to such a wrong. Second, domestic courts may contr

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2

Dumberry, Patrick. "Turkey's International Responsibility for Internationally Wrongful Acts Committed by the Ottoman Empire." Revue générale de droit 42, no. 2 (2014): 561–89. http://dx.doi.org/10.7202/1026907ar.

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This paper examines the legal consequences of the commission by the Ottoman Empire of internationally wrongful acts, including acts of genocide, against the Armenian population during World War I. Specifically, the present paper examines the following question: can the modern State of Turkey (which was only officially proclaimed in 1923) be held responsible, under international law, for internationally wrongful acts committed by the Ottoman Empire before its disintegration? This paper first briefly examines whether Turkey should be considered, under international law, as the "continuing" State

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3

Abdullah, Dawan Mohammed Jaza. "The Nature of International Responsibility of States in the Contemporary World Arena." Journal of University of Human Development 5, no. 4 (2019): 50. http://dx.doi.org/10.21928/juhd.v5n4y2019.pp50-59.

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The subject of state responsibility occupies a central place in international law. Its basic principle, now well established, provides that every internationally wrongful act entails the responsibility of the state. One of the most controversial problems regarding the international responsibility of the state for wrongful acts concerns the nature of such responsibility. The present paper examines the nature of state responsibility for international wrongful acts under existing international law. It takes the view that the International Law Commission (ILC), in its Draft Articles on State Respo

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4

Bradley, Martha M., and Aniel de Beer. "The Collective Responsibility of Organised Armed Groups for Sexual and Gender-Based Violence during a Non-International Armed Conflict." Stellenbosch Law Review 32, no. 1 (2021): 129–54. http://dx.doi.org/10.47348/slr/v32/i1a6.

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This contribution considers a possible legal framework for holding organised armed groups (“OAGs”) collectively responsible for acts of sexual and gender-based violence (“SGBV”) during non-international armed conflicts. It argues that a framework providing for collective as opposed to individual criminal responsibility of OAGs is essential. Certain sections of the Articles on the Responsibility of States for Internationally Wrongful Acts (“Articles on State Responsibility” or “ASR”) are used as a blueprint for achieving such a framework. In this regard, the concepts of international legal resp

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5

Talmon, Stefan. "THE RESPONSIBILITY OF OUTSIDE POWERS FOR ACTS OF SECESSIONIST ENTITIES." International and Comparative Law Quarterly 58, no. 3 (2009): 493–517. http://dx.doi.org/10.1017/s0020589309001171.

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AbstractIn August 2008, Georgia instituted proceedings against the Russian Federation before the International Court of Justice (ICJ) to establish its international responsibility for alleged acts of racial discrimination against the ethnic Georgian population in South Ossetia and Abkhazia by ‘the de facto South Ossetian and Abkhaz separatist authorities […] supported by the Russian Federation’. In order to establish the international responsibility of an outside power for the internationally wrongful conduct of a secessionist entity, it must be shown, inter alia, that the acts or omissions of

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6

Dumberry, Patrick. "Is a New State Responsible for Obligations Arising from Internationally Wrongful Acts Committed before Its Independence in the Context of Secession?" Canadian Yearbook of international Law/Annuaire canadien de droit international 43 (2006): 419–54. http://dx.doi.org/10.1017/s006900580000881x.

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SummaryThis comment addresses the question of the succession of states to obligations arising from the commission of internationally wrongful acts in the specific context of secession. It examines state practice and case law, which shows that the continuator state usually continues its own previous responsibility for internationally wrongful acts committed before the date of succession, notwithstanding the transformation affecting its territory. A more controversial issue is whether this principle of non-succession should always apply in the context of secession and whether there should not be

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7

MA, X. "Statement on Responsibility of States for Internationally Wrongful Acts (2007)." Chinese Journal of International Law 7, no. 2 (2008): 563–66. http://dx.doi.org/10.1093/chinesejil/jmn024.

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8

Lefeber, René. "Case Analysis: The Gabčíkovo-Nagymaros Project and the Law of State Responsibility." Leiden Journal of International Law 11, no. 3 (1998): 609–23. http://dx.doi.org/10.1017/s0922156598000430.

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In the Gabčíkovo-Nagymaros proceedings, the parties, viz. Hungary and Slovakia, defended their conduct, amongst others, with arguments derived from the relationship between the law of treaties and the law of state responsibility, and from the law of state responsibility itself. In its judgment, the International Court of Justice disentangled the mixture of arguments derived from the law of treaties and the law of state responsibility advanced by Hungary, and drew a clear line between these two branches of international law. Second, it rejected several circumstances that were advanced by the pa

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9

Cortes Martin, J. M. "The Responsibility of Members Due to Wrongful Acts of International Organizations." Chinese Journal of International Law 12, no. 4 (2013): 679–721. http://dx.doi.org/10.1093/chinesejil/jmt036.

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10

Dumberry, P. "New State Responsibility for Internationally Wrongful Acts by an Insurrectional Movement." European Journal of International Law 17, no. 3 (2006): 605–21. http://dx.doi.org/10.1093/ejil/chl016.

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11

Reinisch, August. "Aid or Assistance and Direction and Control between states and International Organizations in the Commission of Internationally Wrongful Acts." International Organizations Law Review 7, no. 1 (2010): 63–77. http://dx.doi.org/10.1163/157237310x523821.

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AbstractQuestions concerning the international responsibility of international organizations and/or their member States for internationally wrongful acts primarily raise important issues of attribution. In addition, a concurrent responsibility may arise from situations where international organizations aid or assist or direct and control the acts of States or other international organizations. This contribution intends to highlight some problems that stem from the fact that the current formulations of Articles 13 and 14 of the ILC Draft Articles on responsibility of international organizations

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12

Mackenzie-Gray Scott, Richard. "State Responsibility for Complicity in the Internationally Wrongful Acts of Non-State Armed Groups." Journal of Conflict and Security Law 24, no. 2 (2019): 373–407. http://dx.doi.org/10.1093/jcsl/krz002.

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Abstract Determining the responsibility of a state for complicity in the internationally wrongful act of a non-state armed group is an issue that requires analysis from a general international law standpoint. There are numerous ongoing conflicts throughout the world, which are fought by states and non-state armed groups. In the course of such violence, rules of international humanitarian law and international human rights law are breached. There is abundant practice of states rendering aid or assistance to non-state armed groups in their undertakings, whether through the provision of weapons,

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13

Hafner, Gerhard. "THE DRAFT ARTICLES ON THE RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS." Austrian Review of International and European Law Online 5, no. 1 (2002): 189–270. http://dx.doi.org/10.1163/157365100x00066.

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14

Pacht, Laurence T. "The Case for a Convention on State Responsibility." Nordic Journal of International Law 83, no. 4 (2014): 439–75. http://dx.doi.org/10.1163/15718107-08304003.

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At the time of adopting the Articles on the Responsibility of States for Internationally Wrongful Acts, in 2001, the International Law Commission recommended, inter alia, that the General Assembly of the United Nations consider the possibility of negotiating a convention on the basis of the Articles. On four occasions, since 2001, the member states in the Sixth Committee of the General Assembly have been divided on whether to do so. Nonetheless, the most recent such debate, held in 2013, revealed a strong undercurrent of support among the states for convening a diplomatic conference to negotia

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15

Paparinskis, Martins. "The Once and Future Law of State Responsibility." American Journal of International Law 114, no. 4 (2020): 618–26. http://dx.doi.org/10.1017/ajil.2020.60.

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AbstractThe current (once) international law of state responsibility is shaped by the International Law Commission's Articles on responsibility of States for internationally wrongful acts, generally endorsed in state and judicial practice as consonant with custom. This Essay makes the case that the global pandemic and associated practice may affect foundational elements of the (future) law of state responsibility. It outlines the contours of systemic grain of possible developments by reference to the tension between bilateralism and community interests in international law.

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Dumberry, Patrick. "The Consequences of Turkey Being the ‘Continuing’ State of the Ottoman Empire in Terms of International Responsibility for Internationally Wrongful Acts." International Criminal Law Review 14, no. 2 (2014): 261–73. http://dx.doi.org/10.1163/15718123-01401002.

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The present article examines whether the modern State of Turkey (which was officially proclaimed in 1923) can be held responsible under international law for internationally wrongful acts which were committed by the Ottoman Empire against the Armenian population during and shortly after World War I. The first part examines whether Turkey should be considered as the ‘continuing’ State of the Ottoman Empire or whether it should instead be deemed as a ‘new’ State. Part 2 will examine the legal consequences in terms of international responsibility for considering Turkey as the ‘continuing’ State o

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17

Panchenko, M. "THE ADVOCATE'S DISCIPLINARY RESPONSIBILITY FOR WRONGFUL COOPERATION WITH LAW-ENFORCEMENT BODIES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 113 (2020): 44–47. http://dx.doi.org/10.17721/1728-2195/2020/2.113-9.

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This article is devoted to the research on the concept and features of the advocate's wrongful cooperation with law-enforcement bodies and the circumstances that influence the severity of a disciplinary penalty in the result of such cooperation. A list of certain features is given to distinguish the lawful cooperation of an advocate with law-enforcement bodies from the wrongful one, which leads to bringing the advocate to the disciplinary responsibility. The author ascertains the forms in which the wrongful cooperation of an advocate and law-enforcement bodies may occur. The article determines

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18

Crawford, James. "The ILC’s Articles on Responsibility of States for Internationally Wrongful Acts: A Retrospect." American Journal of International Law 96, no. 4 (2002): 874–90. http://dx.doi.org/10.2307/3070683.

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The development of the articles on state responsibility of the International Law Commission (ILC) has been described elsewhere, in particular in the ILC’s Yearbook. The phases of development of the first (1955-1996) andsecond (1998-2001) readings are well enough known, and there is little point in repeating this material. Whatever the trials and longueurs of their production, the articles with their commentaries now exist and may be assessed as a whole.The first reading was the product of decades of work under successive special rapporteurs (Roberto Ago, Willem Riphagen, and Gaetano Arangio-Ru

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19

Sferrazza Taibi, Pietro. "Hecho ilícito internacional = International Wrongful Act." EUNOMÍA. Revista en Cultura de la Legalidad 13 (September 29, 2017): 271. http://dx.doi.org/10.20318/eunomia.2017.3823.

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Resumen: En este trabajo se abordará un análisis dogmático de la noción de hecho internacionalmente ilícito en el marco de la responsabilidad internacional del Estado. Sin duda, se trata de una noción clave, dado que su configuración en un caso concreto activa la funcionalidad del resto de los capítulos de la responsabilidad internacional del Estado. En este trabajo se explicará la incidencia que ha tenido la distinción entre normas primarias y normas secundarias para la construcción del concepto de hecho internacionalmente ilícito. Asimismo, se abordará un análisis de cada uno de los dos elem

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20

Ryngaert, Cedric. "THE EUROPEAN COURT OF HUMAN RIGHTS’ APPROACH TO THE RESPONSIBILITY OF MEMBER STATES IN CONNECTION WITH ACTS OF INTERNATIONAL ORGANIZATIONS." International and Comparative Law Quarterly 60, no. 4 (2011): 997–1016. http://dx.doi.org/10.1017/s0020589311000467.

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It is generally considered that an international organization (‘IO’) has an international legal personality which is distinct from that of its Member States, as a result of which the IO itself, rather than the Member States, is to be held responsible for the IO's internationally wrongful acts.1 It appears to be an accepted principle that Member States cannot generally be held liable for the acts of IOs by virtue of their membership of an IO alone. This view can be found in a 1996 resolution of the Institut de Droit International, which provides that ‘there is no general rule of international l

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21

Palchetti, Paolo. "The allocation of responsibility for internationally wrongful acts committed in the course of multinational operations." International Review of the Red Cross 95, no. 891-892 (2013): 727–42. http://dx.doi.org/10.1017/s1816383114000241.

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AbstractThe article aims to examine, in light of the codification work of the International Law Commission and of the most recent practice, some issues concerning the allocation of responsibility between an organisation and its troop-contributing states for the conduct taken in the course of a multinational operation (with a specific focus on UN operations). After explaining the general rule of attribution of conduct based on the status of the multinational force as an organ or an agent of the organisation, this article will examine the validity of special rules of attribution of conduct based

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22

Bodansky, Daniel, and John R. Crook. "Introduction and Overview." American Journal of International Law 96, no. 4 (2002): 773–91. http://dx.doi.org/10.2307/3070677.

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In August 2001, the International Law Commission (ILC) adopted its “Draft Articles on the Responsibility of States for Internationally Wrongful Acts,” bringing to completion one of the Commission’s longest running and most controversial studies. On December 12, 2001, the United Nations General Assembly adopted Resolution 56/83, which “commend [ed the articles] to the attention of Governments without prejudice to the question of their future adoption or other appropriate action.”

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23

Sari, Aurel. "UN Peacekeeping Operations and Article 7 ARIO: The Missing Link." International Organizations Law Review 9, no. 1 (2012): 77–85. http://dx.doi.org/10.1163/15723747-00901013.

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Peacekeeping operations conducted by international organizations raise difficult questions of international responsibility. In principle, breaches of international law committed by national contingents serving on such operations may be attributed either to the international organization leading the operation or to the State to which the personnel implicated in the wrongful conduct belongs. The ARIO suggests a seemingly simple solution to this dilemma: wrongful conduct should be attributed to the party exercising effective control over that conduct. The present note argues that this solution is

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Janmyr, Maja. "Attributing Wrongful Conduct of Implementing Partners to unhcr." Journal of International Humanitarian Legal Studies 5, no. 1-2 (2014): 42–69. http://dx.doi.org/10.1163/18781527-00501013.

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Refugee camps are often managed by a wide set of actors other than the Host State. The United Nations High Commissioner for Refugees (unhcr), tasked under international law to provide “international protection” to refugees and to seek “permanent solutions for the problem of refugees”, often sub-contracts the daily management of camps to non-governmental organizations (ngo). In 2013, unhcr collaborated with 733 ngos worldwide. Together with unhcr, these “implementing partners” often perform public powers normally exercised by the Host State. But when human rights violations occur following the

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Rim, Yejoon. "Reflection on the Normative Status of Articles on Responsibility of States for Internationally Wrongful Acts." KOREAN JOURNAL OF INTERNATIONAL LAW 65, no. 3 (2020): 177–207. http://dx.doi.org/10.46406/kjil.2020.09.65.3.177.

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Crawford, James, and Simon Olleson. "The Continuing Debate on a un Convention on State Responsibility." International and Comparative Law Quarterly 54, no. 4 (2005): 959–71. http://dx.doi.org/10.1093/iclq/lei045.

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At its 59th session in 2004, the General Assembly revisited the question of what should be done with the Articles on Responsibility of States for Internationally Wrongful Acts (‘the Articles’), adopted by the International Law Commission (‘ILC’) in 2001. By Resolution 59/35, adopted by consensus on 2 December 2004 on the recommendation of the Sixth Committee, the General Assembly once again resolved to defer further consideration and any decision on the final form of the Articles, postponing the matter to its 62nd session in 2007. It also asked the Secretariat to prepare a compendium of jurisp

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Капустин, Анатолий, and Anatoliy Kapustin. "CONTENT OF INTERNATIONAL LEGAL RESPONSIBILITY IN WTO LAW: THE GENERAL PRINCIPLES AND APPROACHES." Journal of Foreign Legislation and Comparative Law 1, no. 6 (2016): 0. http://dx.doi.org/10.12737/17173.

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The present article discusses the main features of the content of international legal responsibility of the law of the World Trade Organization (WTO). Analysis of the concept of “content” of international legal responsibility is based on the Draft articles on responsibility of states for internationally wrongful acts, prepared by the UN International Law Commission in 2001, as well as the differences in the conceptual underpinnings of the responsibility, which is held on the various speakers’ issue. The author shares the view that the specificity of the institute of responsibility in WTO law i

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Lambrecht, Felix. "Application of Bosnia v Serbia to the Individualist Charge of Ineffectiveness: A Defense of State Responsibility." Arbutus Review 8, no. 1 (2017): 45–54. http://dx.doi.org/10.18357/tar81201716803.

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This paper aims to combat the individualist challenge to the notion of state responsibility in international law. That is, this paper attempts to counter the criticism of international law that suggests responsibility for wrongful acts should be attributed to individuals rather than states. While prior scholarship has focused on the individualist's fairness complaint, this paper focuses on the charge of ineffectiveness that would remove states as the primary duty-bearers in international law. By using the International Court of Justice case of Bosnia v Serbia (2007), this paper demonstrates th

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OLLESON, SIMON. "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, no. 3 (2013): 615–42. http://dx.doi.org/10.1017/s0922156513000277.

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AbstractThe 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 discusse

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Casteleiro, Andrés Delgado. "The International Responsibility of the European Union—The EU Perspective: Between Pragmatism and Proceduralisation." Cambridge Yearbook of European Legal Studies 15 (2013): 563–86. http://dx.doi.org/10.5235/152888713809813422.

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AbstractEU management of its international responsibility for wrongful acts varies between a pragmatic approach and the proceduralisation of its responsibility. The EU either lays down complex procedures in order to manage the allocation of responsibility in order to (allegedly) preserve the internal division of competences or takes a pragmatic approach which disregards any internal division of competences. This chapter critically analyses these two trends in EU practice. More precisely, it identifies from the ongoing development in the incipient foreign direct investment policy of the EU and

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Casteleiro, Andrés Delgado. "The International Responsibility of the European Union—The EU Perspective: Between Pragmatism and Proceduralisation." Cambridge Yearbook of European Legal Studies 15 (2013): 563–86. http://dx.doi.org/10.1017/s1528887000003165.

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Abstract EU management of its international responsibility for wrongful acts varies between a pragmatic approach and the proceduralisation of its responsibility. The EU either lays down complex procedures in order to manage the allocation of responsibility in order to (allegedly) preserve the internal division of competences or takes a pragmatic approach which disregards any internal division of competences. This chapter critically analyses these two trends in EU practice. More precisely, it identifies from the ongoing development in the incipient foreign direct investment policy of the EU and

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32

Crawford, J. "The ILC's Articles on Responsibility of States for Internationally Wrongful Acts: Completion of the Second Reading." European Journal of International Law 12, no. 5 (2001): 963–91. http://dx.doi.org/10.1093/ejil/12.5.963.

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33

Blokker, Niels. "Member State Responsibility for Wrongdoings of International Organizations." International Organizations Law Review 12, no. 2 (2015): 319–32. http://dx.doi.org/10.1163/15723747-01202003.

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It is the aim of this contribution to demonstrate why it is necessary that international organizations are themselves responsible for their own wrongful acts and why there is and should be only a secondary, rather limited role for member state responsibility, as reflected in the 2011 ilc Articles on the Responsibility of International Organizations. Two examples from practice are discussed in this context: judgments by Dutch courts relating to the 1995 Srebrenica genocide, and the icao principle of ‘ultimate State responsibility’ in the light of the attribution of powers to Regional Safety Ove

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Ciechanowicz-McLean, Janina. "Odpowiedzialność państw za szkody wyrządzone w środowisku morskim." Gdańskie Studia Prawnicze, no. 3(43)/2019 (November 4, 2019): 191–202. http://dx.doi.org/10.26881/gsp.2019.3.15.

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   The States’ responsibility is a fundamental institution of international law. The International law Commission – IlC expressed that in the Articles on responsibility of States for International Wrongful Acts. The principles and rules governing States are more clear and certain because they are set out in the United Nations Convention on the Law of the Sea – UNCLoS. UNCLoS and the Articles of ILC provide mechanisms to hold States respon- sible if they fail to fulfil their obligations to prevent, reduce and control pollutions of the marine environment. The dispute settlement

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Сhurkina, Lyudmila M. "LEGAL RESPONSIBILITY FOR ECONOMIC OFFENCES." Vestnik of Kostroma State University, no. 3 (2020): 194–98. http://dx.doi.org/10.34216/1998-0817-2020-26-3-194-198.

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The economic sphere is a specific sphere of public relations that is regulated by civil, tax, antitrust, and customs legislation. The violation of this legislation leads to the application of legal liability measures. The article is devoted to the topical problem of applying responsibility for economic offences. The author explores the legal nature of legal responsibility, examines the concept of legal responsibility, presented by various experts in the field of theory of state and law, and the principles that underlie the implementation of responsibility. The characteristic features of legal

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Omerović, Enis. "Damage in International Law: Precondition For State and International Organization Responsibility?" Društvene i humanističke studije (Online) 6, no. 3(16) (2021): 381–408. http://dx.doi.org/10.51558/2490-3647.2021.6.3.381.

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The first chapter of the paper elaborates the question of whether one of the constitutive elements of the internationally wrongful act and a precondition for responsibility could be embodied in an existence of damage that has to be inflicted upon participants with international legal personality. In this regards legal doctrine, the arbitral awards, international judgments as well as the works of the UN International Law Commission will be examined, particularly the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the Draft Articles on the Responsibility of Inter

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Chimni, B. S. "The Articles on State Responsibility and the Guiding Principles of Shared Responsibility: A TWAIL Perspective." European Journal of International Law 31, no. 4 (2020): 1211–21. http://dx.doi.org/10.1093/ejil/chab004.

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Abstract This article argues, from the perspective of third-world approaches to international law (TWAIL), that the limitations of the Guiding Principles on Shared Responsibility (hereinafter ‘Guiding Principles’) stem from the very fact that their drafters did not contest the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA). Therefore, before advancing a critique of the Guiding Principles, this article questions certain aspects of ARSIWA. It argues that ARSIWA tends to overlook the distinction between primary and secondary rules; does not take into account the t

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Jiminián, Jimena M. Conde. "Allocating Individual Criminal Responsibility to Peacekeepers for International Crimes and other Wrongful Acts committed during Peace Operations." Tilburg Law Review 17, no. 1 (2012): 104–32. http://dx.doi.org/10.1163/221125912x635029.

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Orakhelashvili, A. "The Responsibility of Member-States Due to Wrongful Acts of International Organizations: A Response to Cortes Martin." Chinese Journal of International Law 13, no. 3 (2014): 621–25. http://dx.doi.org/10.1093/chinesejil/jmu032.

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Adegbonmire, Jumoke. "The death of Jamal Kashoggi: Issues of Human Rights Violations and International Law." Review of Human Rights 4, no. 1 (2019): 50–63. http://dx.doi.org/10.35994/rhr.v4i1.89.

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State responsibility is a cardinal principle of international law. The doctrine of State sovereignty under international law accords States’ legal personality and requires that they fulfill international obligations. International law imposes obligations on States to perform their duties in ensuring that a breach of international law does not go unpunished. Consequences for such actions means that States need to adhere to procedural and substantive law in addition to offering reparation for the violation of an international obligation. In the past, violation of an international obligation was

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Sarvarian, Arman. "THE OSSIFIED DEBATE ON A UN CONVENTION ON STATE RESPONSIBILITY." International and Comparative Law Quarterly 70, no. 3 (2021): 769–98. http://dx.doi.org/10.1017/s002058932100018x.

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AbstractThis article examines the developments on future action concerning the 2001 ILC Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) in the Sixth Committee of the UN General Assembly. It reviews the past 20 years, from the presentation of the final draft at the 56th session in 2001, to the most recent debate at the 74th session in 2019. In scrutinising the procedural actions taken over the relevant period, it argues that the ARSIWA have ossified in the Sixth Committee even as they have continued to gain authority through application in practice. This ossi

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Brink, Alisa G., D. Jordan Lowe, and Lisa M. Victoravich. "The Public Company Whistleblowing Environment: Perceptions of a Wrongful Act and Monetary Attitude." Accounting and the Public Interest 17, no. 1 (2017): 1–30. http://dx.doi.org/10.2308/apin-51681.

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ABSTRACT The passage of the Sarbanes-Oxley (SOX) and Dodd-Frank Acts created a unique environment for whistleblowing at public companies. SOX requires public companies to establish anonymous reporting channels, and Dodd-Frank outlines substantial monetary incentives for reporting securities law violations directly to the SEC. In response to these provisions, this study examines whether the type of securities law violation (fraudulent financial reporting versus insider trading), individuals' psychological assessments of the wrongdoing, and individuals' monetary attitude influence intentions to

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Putri, Dewi Agha, and Hasan Sidik. "Responsibility to Protect dalam Kasus Genosida oleh ISIL terhadap Yazidi-Irak melalui Intervensi Militer Amerika Serikat." Jurnal ICMES 4, no. 1 (2020): 46–63. http://dx.doi.org/10.35748/jurnalicmes.v4i1.65.

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Artikel ini bertujuan untuk menjelaskan intervensi militer yang dilakukan oleh Amerika Serikat (AS) dalam menanggapi genosida yang dilakukan oleh Islamic State of Iraq and the Levant (ISIL) terhadap komunitas Yazidi di Irak. Peneliti menggunakan konsep Responsibility to Protect (R2P), yang merujuk pada laporan dari the International Commission on Intervention and State Sovereignty (ICISS) u This article aims to explain the military intervention carried out by the United States in response to the genocide carried out by the Islamic State of Iraq and the Levant (ISIL) against Yazidi commun

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MCINTYRE, JULIETTE. "The Declaratory Judgment in Recent Jurisprudence of the ICJ: Conflicting Approaches to State Responsibility?" Leiden Journal of International Law 29, no. 1 (2016): 177–95. http://dx.doi.org/10.1017/s0922156515000709.

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AbstractAs the list of contentious cases concerning issues of state responsibility brought before the International Court of Justice (the Court) continues to grow, a closer consideration is demanded of the most common remedy granted by the Court – the declaratory judgment. In particular, while the Court continues to issue declarations intended to constitute ‘appropriate satisfaction’, it also appears that the Court is – or is attempting – to use declarations more creatively in certain circumstances. This immediately provokes a question as to not only the proper role of declaratory judgments, b

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Wittich, Stephan. "The International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts Adopted on Second Reading." Leiden Journal of International Law 15, no. 4 (2002): 891–919. http://dx.doi.org/10.1017/s0922156502000390.

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In 2001 the International Law Commission finally adopted on second reading the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the commentaries thereto, thereby successfully concluding almost half a century of work on the topic by the ILC. Subsequent to the adoption, the General Assembly welcomed the conclusion of the work of the ILC. This article highlights the main changes made during the second reading 1998–2001, among them the issue of international crimes, the concept of injured state and countermeasures. While the 59 articles are the result of compromise,

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Bakker, Christine. "DUAL ATTRIBUTION OF ACTS COMMITTED BY A UN PEACEKEEPING FORCE: AN EMERGING NORM OF CUSTOMARY INTERNATIONAL LAW? THE DUTCH SUPREME COURT’S JUDGMENTS IN NUHANOVIÇ AND MUSTAFIĆ." Italian Yearbook of International Law Online 23, no. 1 (2014): 287–97. http://dx.doi.org/10.1163/22116133-90230048.

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In two cases lodged by victims (or their relatives) of the massacre in Srebrenica in 1995, the Supreme Court of the Netherlands has taken a progressive stance on the interpretation of international law on the responsibility of States and international organizations for wrongful acts. The Supreme Court upheld the earlier decisions of The Hague Court of Appeal, confirming that the Netherlands can be held responsible for the death and injuries of these victims, despite the fact that the Dutch troops employed to protect this enclave were part of a United Nations (UN) peacekeeping force. By accepti

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Ryngaert, Cedric. "Apportioning Responsibility between the UN and Member States in UN Peace-Support Operations: An Inquiry into the Application of the ‘Effective Control’ Standard after Behrami." Israel Law Review 45, no. 1 (2012): 151–78. http://dx.doi.org/10.1017/s0021223711000070.

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There is a tendency among the judiciary to apply the standard of ‘effective control’ as the applicable yardstick for apportioning responsibility for wrongful acts between the United Nations and the member states contributing troops to UN peace-support operations. This is evidenced by recent decisions in the cases of Srebrenica (Dutch Court of Appeal, 2011), Al Jedda (European Court of Human Rights, 2011) and Mukeshimana (Belgian First Instance Court, 2010), which appear to repudiate the ‘ultimate authority and control’ standard espoused by the European Court of Human Rights in Behrami (2007).

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Garciandia, Rosana. "State responsibility and positive obligations in the European Court of Human Rights: The contribution of the ICJ in advancing towards more judicial integration." Leiden Journal of International Law 33, no. 1 (2019): 177–87. http://dx.doi.org/10.1017/s0922156519000591.

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AbstractThe European Court of Human Rights (ECtHR) follows its own rules regarding the responsibility of states, although the international law of state responsibility enshrined in the International Law Commission (ILC) Articles on State Responsibility for Internationally Wrongful Acts (ARSIWA) remains, as general international law, relevant to its decisions. However, case law of the ECtHR shows that the Court is departing from certain ARSIWA principles as it adopts a broad interpretation of rights contained in the European Convention on Human Rights (ECHR) giving rise to positive obligations.

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Ten Napel, Hans-Martten. "The Concept Of International Crimes of States: Walking the Thin Line Between Progressive Development and Disintegration of the International Legal Order." Leiden Journal of International Law 1, no. 2 (1988): 149–69. http://dx.doi.org/10.1017/s0922156500000844.

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Consideration is given of the ‘classical’ view on state responsibility for internationally wrongful acts and the reasons why, at least according to the International Law Commission of the United Nations, this view no longer corresponds to the realities of international legal life. The author then focuses on the novel concept of international crimes of states. Both the constituent elements and the legal consequences of international crimes, as conceived of by the International Law Commission, are discussed. According to the author, without the simultaneous acceptance of compulsory means of paci

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Lozanorios, Frédérique. "Responsibility of the United Nations for Wrongful Acts Occurred in the Framework of Authorized Operations in Light of the Draft Articles on the Responsibility of International Organizations (dario)." Max Planck Yearbook of United Nations Law Online 18, no. 1 (2014): 109–51. http://dx.doi.org/10.1163/18757413-00180005.

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When the Security Council authorizes a State or an international organization to use force, it entrusts it with authority over the chain of command of the operation. That is why the un has always declined to assume responsibility for conduct occurring in the context such operations. While this position is widely supported by practice, and by the 2011 Draft Articles on the Responsibility of International Organizations (dario) of the International Law Commission (ilc), certain cases brought before the European Court of Human Rights (ECtHR) such as Behrami/Saramati have challenged this principle.

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