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State Responsibility for International Terrorism (Hardcover, New)
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State Responsibility for International Terrorism (Hardcover, New)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 19 working days
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The rules of state responsibility have an important but
under-utilized role to play in the terrorism context. They
determine both whether a breach of primary obligations has
occurred, through the rules of attribution, and the consequences
which flow from that breach, including the possible adoption of
responsive measures by injured states. This book explores the
substantive international legal obligations and rules of state
responsibility applicable to international terrorism and examines
the problems and prospects for effectively holding states
responsible for internationally wrongful acts related to terrorism.
In particular, it analyses the way in which the implementation of
state responsibility for international terrorism may be affected by
the self-determination debate and any applicable lex specialis
(including the jus in bello), including any sub-systems of
international law (such as the WTO), as well as by the interaction
between determinations of individual criminal responsibility and
the implementation of state responsibility.
The international community has responded to the threat of
international terrorism through both a security/jus ad bellum
paradigm and by creating an international criminal law framework to
address the conduct of non-state terrorist actors. The secondary
rules of state responsibility analyzed in this book cut across both
approaches as they apply regardless of states breaching their
primary obligations relating to terrorism through participation in
or a failure to prevent or punish terrorism. While this book
identifies a number of problems in implementing state
responsibility for international terrorism, it also highlights the
prospects for the rules of state responsibility to make a crucial
contribution to maintaining respect for obligations which lie at
the very foundations of the contemporary international legal order,
and to restoring the relationships between states if those
obligations are breached.
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