State Responsibility

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Criteria for Statehood as Applied by the EU’s Independent Fact-Finding Mission on the Conflict in Georgia

Dr Tarcisio Gazzini is Associate Professor at the VU University Amsterdam. He has previously taught at the Universities of Padova (Italy) and Glasgow (UK_. He is an alternate member of the ILA Committee on Non-State actors and a member of the editorial board of the Leiden Journal of International Law. His publications include The Changing Rules on the Use of Force in International Law, Manchester University Press (2005).    The recently published Report of the EU's Independent Fact-Finding mission on the conflict(s) in Georgia can be considered in many respects as a successful experiment and a significant contribution to the establishment of the causes of the conflict(s) and the violations of jus ad bellum and of jus in bello. Although the report offers several elements for reflection to international lawyers, this short comment focuses on the legal status of South Ossetia and Abkhazia which is crucial for the purpose of attributing international responsibility for violations of international law committed by these entities and their forces; qualifying the armed conflicts between…

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The Tricky Question of State Succession to International Responsibility

Consider the following scenario: state A commits an internationally wrongful act (say genocide) against state B, incurring responsibility for doing so and giving state B an entitlement to reparation. Before state B actually manages to obtain reparation from state A, state A dissolves into two new states, X and Y. What happens to A’s responsibility towards B? Does it devolve…

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Old Law and New Trends – A Rejoinder to Professor Cryer and Hannah Tonkin

Both Professor Cryer's post, as well as Hannah Tonkin's reply to my article (introduced here) raise very interesting issues. I am thankful for their contributions to this discussion and happy to offer my reactions to some of the points they raise. Before reacting to their specific arguments, I believe…

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Response to Carsten Hoppe: Some other Possible State Responsibility Issues

Editors note: Professor Robert Cryer is Professor of International and Criminal Law at the University of Birmingham Law School, UK. He is the author of…

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A Response to Carsten Hoppe: Minimising the regulatory gap – a flexible interpretation of Article 5 of the ILC Articles

Editors note: Hannah Tonkin is currently a Law Clerk to President Judge Kirsch in the Appeals Chamber of the International Criminal Court. She is also writing a DPhil at the University of Oxford on States' International Obligations to Control Private Military and…

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