Complicity and the Law of State Responsibility.
A timely analysis of State complicity in international law, which takes an innovative rule-of-law perspective.
Cambridge University Press,
|Series:||Cambridge Studies in International and Comparative Law, 85.
- Cover; Title; Copyright; Contents; Foreword; Preface; Table of cases; Abbreviations; 1 Introduction; 1 The growing role of complicity in international law; 2 The approach of this book; 3 Clarifications; 2 Complicity between bilateralism and community interest; 1 Complicity and the traditional bilateralism of international law; 1.1 Traditional bilateralism; 1.2 Third States and the law of neutrality; 1.2.1 Just war theory and beyond; 1.2.2 Nineteenth-century positivism and the liberté à la guerre; 1.2.3 Interim conclusions; 2 Complicity and the move beyond bilateralism; 2.1 Collective security.
- 2.1.1 A passing away of the rules of neutrality?2.1.2 Complicity, solidarity and good faith; 2.2 Public interest norms; 2.2.1 The effects of jus cogens; 2.2.2 Obligations erga omnes as obligations for third States?; 2.2.3 Developments in the law of State responsibility; 3 Conclusion; 3 Complicity and the international rule of law; 1 The international rule of law; 1.1 Preliminary issues; 1.2 Individualism or dédoublement fonctionnel?; 1.3 The material completeness of the international legal order; 1.4 The 'climatic' function of the rule of law; 2 The principle of abuse of rights.
- 2.1 General meaning of the concept2.2 Abuse of rights as a general principle of international law; 2.3 Abuse of rights and the international rule of law; 2.3.1 Formal and substantive conceptions of the rule of law; 2.3.2 The rule of law as an antidote to arbitrariness; 2.4 Arbitrariness, the rule of law and the ICJ; 3 Abuse of rights and complicity; 3.1 State responsibility and the rule of law; 3.1.1 The rule of law and the enforcement of the laws; 3.1.2 The rule of law and the community interest; 3.2 Complicity and the international rule of law.
- 3.2.1 Complicity and the enforcement of international law3.2.2 Complicity and the material completeness of the legal order; 4 Conclusion; 4 Complicity in customary international law; 1 The evolution of the Article on complicity in the ILC; 2 Preliminary remarks on customary international law; 3 International practice on complicity; 3.1 Assistance in the unlawful use of force; 3.1.1 United Kingdom claims in the Corfu Channel case; 3.1.2 UN resolutions on the Korean crisis; 3.1.3 Various protests by the Soviet Union in the 1950s; 3.1.4 Stanleyville, 1964.
- 3.1.5 United Kingdom protest against Yemen3.1.6 The Osirak incident; 3.1.7 US attacks Against Libya in 1986; 3.1.8 Iranian claims in the Oil Platforms case; 3.1.9 The United States, Israel and Iran; 3.2 The 2003 Iraq war; 3.2.1 Austria and Switzerland; 3.2.2 Ireland; 3.2.3 Kyrgyzstan; 3.2.4 Turkey; 3.2.5 Germany; 126.96.36.199 The decision of the Chief Federal Prosecutor; 188.8.131.52 The decision of the German Federal Administrative Court; 3.2.6 Norway; 3.3 Rendition and detention; 3.3.1 Investigations by international organisations; 3.3.2 United Kingdom; 3.3.3 The Netherlands; 3.3.4 Other States.