Helmut Philipp Aust

Complicity and the Law of State Responsibility (eBook, PDF)

• Format: PDF

Produktbeschreibung

This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 1. September 2011
• Englisch
• ISBN-13: 9781139120173
• Artikelnr.: 38458285

Autorenporträt

Helmut Philipp Aust is a Senior Research Fellow at the Humboldt-Universität zu Berlin.

Inhaltsangabe

1. Introduction; 2. Complicity between bilateralism and community interest; 3. Complicity and the international rule of law; 4. Complicity in customary international law; 5. The concept of complicity in Article 16 ASR; 6. The consequences of complicity; 7. Complicity and aggravated responsibility; 8. A network of rules on complicity; 9. Concluding observations.

Rezensionen

'It was high time for an academic treatment of this fundamental issue for the international legal order. A decisive contribution in this regard has now been made by Helmut Philipp Aust ... The history, content, structure and international legal context of the norm are analysed by the author in a comprehensive and precise manner. This is also true for the conflicts between law, morals and politics which impact upon the development and interpretation of the rule on complicity. Aust takes the position of a carefully balancing pragmatist who clearly identifies international legal deficits, but refrains from moral rigour. In general, the book excels in its high relevance to practice.' Translated from the Frankfurter Allgemeine Zeitung