The Relationship Between State and Individual Responsibility for International Crimes

The Relationship Between State and Individual Responsibility for International Crimes
Author :
Publisher : BRILL
Total Pages : 297
Release :
ISBN-10 : 9789004173316
ISBN-13 : 9004173315
Rating : 4/5 (16 Downloads)

Synopsis The Relationship Between State and Individual Responsibility for International Crimes by : Béatrice I. Bonafè

This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.

Hegel's Theory of Responsibility

Hegel's Theory of Responsibility
Author :
Publisher : Cambridge University Press
Total Pages : 229
Release :
ISBN-10 : 9781107078123
ISBN-13 : 1107078121
Rating : 4/5 (23 Downloads)

Synopsis Hegel's Theory of Responsibility by : Mark Alznauer

The first book-length treatment of a central concept in Hegel's practical philosophy - the theory of responsibility. This theory is both original and radical in its emphasis on the role and importance of social and historical conditions as a context for our actions.

State Responsibility in the International Legal Order

State Responsibility in the International Legal Order
Author :
Publisher : Cambridge University Press
Total Pages : 379
Release :
ISBN-10 : 9781108788694
ISBN-13 : 1108788696
Rating : 4/5 (94 Downloads)

Synopsis State Responsibility in the International Legal Order by : Katja Creutz

State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.

Polarization and the Politics of Personal Responsibility

Polarization and the Politics of Personal Responsibility
Author :
Publisher : Oxford University Press
Total Pages : 224
Release :
ISBN-10 : 9780190239817
ISBN-13 : 0190239816
Rating : 4/5 (17 Downloads)

Synopsis Polarization and the Politics of Personal Responsibility by : Mark D. Brewer

Contemporary American politics is highly polarized, and it is increasingly clear that this polarization exists at both the elite and mass levels. What is less clear is the source of this polarization. Social issues are routinely presented by some as the driver of polarization, while others point to economic inequality and class divisions. Still others single out divisions surrounding race and ethnicity, or gender, or religion as the underlying source of the deep political divide that currently exists in the United States. All of these phenomena are undoubtedly highly relevant in American politics, and it is also beyond question that they represent significant cleavages within the American polity. We argue, however, that disagreement over a much more fundamental matter lies at the foundation of the polarization that marks American politics in the early 21st century. That matter is personal responsibility. Some Americans fervently believe that an individual's lot in life is primarily if not exclusively his or her own responsibility. Opportunity is widespread in American society, and individuals succeed or fail based on their own talents and efforts. Society greatly benefits from such an arrangement, and as such government policies should support and reward individual initiative and responsibility. Other Americans see personal responsibility-while fine in theory-as an unjust organizing principle for contemporary American society. For these Americans, success or failure in life is far too often not the result of personal effort but of large forces well beyond the control of the individual. Opportunity is not widespread, and is by no means equally available to all Americans. In light of these basic facts of American life, it is the responsibility of the state to step in and implement policies that alleviate inequality and assist those who fail by no fault of their own. These basic differences surrounding the idea of personal responsibility are what separate Republicans and Democrats, conservatives and liberals, in contemporary American politics.

The Universal Declaration of Human Rights in the 21st Century

The Universal Declaration of Human Rights in the 21st Century
Author :
Publisher : Open Book Publishers
Total Pages : 129
Release :
ISBN-10 : 9781783742219
ISBN-13 : 1783742216
Rating : 4/5 (19 Downloads)

Synopsis The Universal Declaration of Human Rights in the 21st Century by : Gordon Brown

The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.

Personal Responsibility

Personal Responsibility
Author :
Publisher : A&C Black
Total Pages : 226
Release :
ISBN-10 : 9781847063991
ISBN-13 : 1847063993
Rating : 4/5 (91 Downloads)

Synopsis Personal Responsibility by : Alexander Brown

Individual responsibility is an issue at the heart of public debates surrounding justice today - this book explores the philosophical implications of this hugely topical contemporary debate.

The Law of International Responsibility

The Law of International Responsibility
Author :
Publisher : Oxford University Press
Total Pages : 1364
Release :
ISBN-10 : 9780199296972
ISBN-13 : 0199296979
Rating : 4/5 (72 Downloads)

Synopsis The Law of International Responsibility by : James Crawford

The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

Responsible Citizens, Irresponsible States

Responsible Citizens, Irresponsible States
Author :
Publisher : Oxford University Press
Total Pages :
Release :
ISBN-10 : 9780197541050
ISBN-13 : 0197541054
Rating : 4/5 (50 Downloads)

Synopsis Responsible Citizens, Irresponsible States by : Avia Pasternak

States are often held responsible for their wrongdoings. States pay compensation for their unjust wars, as did Iraq in the aftermath of its invasion of Kuwait. States pay reparations for their historical wrongdoings, as did Chile to the victims of the Pinochet Regime, or Germany to Israel and other countries because of the Holocaust. Some argue that they should pay punitive damages for their international crimes as well. But state responsibility has a troubling feature: states are corporate agents, comprising flesh and blood citizens. When they turn to the public purse to finance their corporate liabilities, it is their citizens who pay the price. Even citizens who protested against their state's policies, did not know about them, or had no influence on policy makers end up sharing the burden. Why should these citizens pay for their state's wrongdoings, if they don't carry the blame? Responsible Citizens, Irresponsible States develops a fresh justification for citizens' duties to share the burden of their state's wrongdoings. This justification revolves around citizens' participation in their state: drawing on recent debates in the philosophy of collective action, Avia Pasternak shows that citizens are acting together in their state and that their state policies are the product of this collective action. Given this participation, citizens ought to share the burden of remedying harmful wrongs their state policies bring about. However, she also argues that not all citizens in all states are participating in their state. In many authoritarian states, citizens' participation in the state is highly restricted or coerced. Here, ordinary citizens do not share responsibility for their state policies and should not be forced to pay for them. These conclusions carry significant real-world implications for the way domestic international law holds various types of states, and their citizens, responsible for their wrongdoings. This work is essential for political theorists and philosophers grappling with citizen responsibility and duty.

Duality of Responsibility in International Law

Duality of Responsibility in International Law
Author :
Publisher : BRILL
Total Pages : 401
Release :
ISBN-10 : 9789004505377
ISBN-13 : 9004505377
Rating : 4/5 (77 Downloads)

Synopsis Duality of Responsibility in International Law by : Thomas Weatherall

This book explores consequences arising in the field of State responsibility in relation to those arising for the individual in international criminal law, a relationship that broadly defines duality of responsibility in international law.