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International crimes of state : a critical analysis of the ILC's Draft Article 19 on State Responsibility
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Florence : European University Institute, Berlin : De Gruyter, 1989, European University Institute Series A-Law ; 10
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WEILER, Joseph H. H., CASSESE, Antonio, SPINEDI, Marina (editor/s), International crimes of state : a critical analysis of the ILC’s Draft Article 19 on State Responsibility, Florence : European University Institute, Berlin : De Gruyter, 1989, European University Institute Series A-Law ; 10 - https://hdl.handle.net/1814/70779
Abstract
This volume is testimony to the growing collaboration between the Euro-pean University Institute and the University of Florence. It presents the results of a highly successful conference* organized by the two institutions to discuss the concept of Crimes of State as found in Article 19 of the International Law Commission Draft Articles on State Responsibility. To the outside observer the Conference on Crimes of State presented a remarkable experience. It convoked around the table judges, diplomats and academicians — all scholars of the highest repute. Participants represented all major legal families and international law groupings. All major religions were presented as were different philosophical traditions. They gathered to discuss a controversial and perhaps even an explosive subject. And yet the debate was characterized by a geniality uncommon in diplomatic settings, rare among lawyers and, should I say, unknown to the most litigious of professions — university professors. Im am pleased to present the results of the conference in book form and thank warmly all those who contributed to the success of this truly transnational scholarly venture.
Table of Contents
Part I Crimes of state : the legislative history
-- International crimes of state : the legislative history, Marina Spinedi
-- Part II Crimes of state : the problems revisited
-- The concept of "international crimes" and its place in contemporary international law, Georges Abi-Saab
-- Obligations erga omnes, international crimes and jus cogens : a tentative analysis of three related concepts, Giorgio Gaja
-- International crimes – a specific regime of international responsibility of states and its legal consequences, Bernhard Graefrath
-- Implications of the institutionalization of international crimes of states, Pierre-Marie Dupuy
-- Part III Crimes of state: a general discussion
-- Introduction to the debate, T. O. Elias and H. E. Judges
-- General discussion
-- Observations on "crimes of states", Ted L. Stein
-- Remarks on the present legal regulation of crimes of states, A. Cassese
-- Some comments on state crimes and lex lata, H. Bokor-Szego
-- Remarks on some classes of crimes by states, R. Ago
-- State crimes and lex lata, J. Sette Camara
-- On defining the concept, G. Abi-Saab
-- Responsibility and state crimes, G . Aldrich
-- The concept of crimes of states : evolution, operation and codification, M. Bennouna
-- Remarks on deficient drafting of Article 19, Ε. Stein
-- State responsibility and the concept of crimes of states, Ian Sinclair
-- Lex lata : is there already a differentiated regime of state responsibility in the Geneva Conventions?, T. Meron
-- Critical remarks on the applicability of the concept of crimes of states to humanitarian law, Α. Cassese
-- The continuity between certain principles of humanitarian law and the concept of crimes of states, L. Condorelli
-- Obligations erga omnes and the international community, R. Ago
-- Short comments on the concept of crimes of states and some related notions, H. Bokor-Szego
-- Jus cogens and crimes of state, Ε. Jiménez De Aréchaga
-- State responsibility : lex ferenda and crimes of state, Ian Sinclair
-- Lex lata or the continuum of state responsibility, S. Mccaffrey
-- Convergences and divergencies on the legal consequences of international crimes of states : with whom should lie the right of response?, M. Spinedi
-- The objectives of a new regime and the means for accomplishment, S. Mccaffrey
-- Critical observations on crimes of state and the notion of "international community as a whole", H. De Fiumel
-- The concept of "international community as a whole" : a guarantee to the notion of state crimes, R. Ago
-- On the reaction of the "international community as a whole" : a perspective of survival, B. Graefrath
-- Crimes of state, ius standi, and third states, E. Jiménez De Aréchaga
-- State crimes implementation problems : who reacts?, Ian Sinclair
-- The need to abolish the concept of punishment, C. Dominicé
-- Crimes of state : the concept and response, W. Riphagen
-- Legal questions relating to the consequences of international crimes, C. Dominicé
-- Some short remarks : consequences and terminology, J. Sette Camara
-- Measures available to third states reacting to crimes of state, L. Condorelli
-- The institutional framework. B. Conforti
-- Part IV Crimes of state : general overviews of the debate
-- Problems and issues raised by crimes of states : an overview, S. Torres Bernardez
-- The need to better clarify the concept of crimes of states, D. Thiam
-- Part V Crimes of state : part two of the ILC work on state responsibility
-- International crimes : injury and countermeasures. Comments on part 2 of the ILC work on state responsibility, Bruno Simma
-- Part VI Crimes of state : conclusions
-- On prophets and judges. Some personal reflections on state responsibility and crimes of state. Concluding remarks to the Florence Conference on state responsibility, Joseph H. H. Weiler
-- Part VII Crimes of state : bibliography
-- International crimes of state. Bibliography 1946-1984, Marina Spinedi
-- Part VIII Crimes of state : annexes
-- I. Draft articles on state responsibility adopted so far by the International Law Commission
-- II. Draft articles on state responsibility submitted by Special Rapporteur Riphagen
Additional Information
Digitised version produced by the EUI Library and made available online in Open Access in 2021 for research or private study purposes.