
Contents
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
33.3 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Self-Defence
-
-
-
-
-
-
35 Allocation of Responsibility for Harmful Consequences of Acts not Prohibited by International Law
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
1 Concepts, categories, and interests 1 Concepts, categories, and interests
-
2 Areas in which the division of reparation is relevant 2 Areas in which the division of reparation is relevant
-
(a) Responsibility of States (a) Responsibility of States
-
(i) The types of wrongful conduct (i) The types of wrongful conduct
-
(ii) The requirement of shared wrongfulness (ii) The requirement of shared wrongfulness
-
-
-
3 Responsibility for actions of international organizations 3 Responsibility for actions of international organizations
-
4 Practical aspects of the division of reparation 4 Practical aspects of the division of reparation
-
(a) Responsibility of States (a) Responsibility of States
-
(b) Responsibility to and of international organizations (b) Responsibility to and of international organizations
-
(c) Procedural aspects: the Monetary Gold principle (c) Procedural aspects: the Monetary Gold principle
-
-
5 Conclusions 5 Conclusions
-
Further reading Further reading
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
44 Division of Reparation between Responsible Entities
Get access-
Published:May 2010
Cite
Extract
Concepts, categories, and interests
Internationally wrongful acts can be (and often are) committed through the collaboration of two or more subjects of international law, which gives rise to what is sometimes referred to as joint and several responsibility. In such situations the allocation of the remedial duties to relevant entities may become an issue.
The law in this field is called on to find the proper balance between the two legitimate interests. The first is that of the injured entity in the effective redress for the wrongful act and its consequences. In the case of concurrent, combined or concerted action of two or more States, the efficiency of redress depends on the ability of the injured State or non-State entity to demand reparation from at least one of the responsible States. The question of general prevention is also relevant—the law of State responsibility should not be construed as taking note of the effective participation of the State in the wrongful act, especially in situations involving causal connection to the outcome of the breach, and yet as excluding that very same participation from the reach of the rules of attribution and redress, thereby allowing the State concerned to escape responsibility. The principal criterion should be the need to enable the injured party to ensure effective redress for wrongful acts; in other words to guarantee the effectiveness of the norms which have been breached.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
August 2024 | 6 |
September 2024 | 5 |
October 2024 | 17 |
November 2024 | 5 |
December 2024 | 9 |
January 2025 | 2 |
February 2025 | 5 |
March 2025 | 6 |
April 2025 | 6 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.