STATE ACCOUNTABILITY UNDER INTERNATIONAL LAW HOLDING STATES ACCOUNTABLE FOR A BREACH OF JUS COGENS NPDF|Epub|txt|kindle电子书版本下载

STATE ACCOUNTABILITY UNDER INTERNATIONAL LAW HOLDING STATES ACCOUNTABLE FOR A BREACH OF JUS COGENS NPDF格式电子书版下载

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Introduction1

1. The interpretive framework2

2. The substantive concept4

1 Breaking state accountability down to its conceptual parts9

1.1 ‘Accountability’9

1.1.1 Linguistic interpretation11

1.1.1.1 The difference between accountability and responsibility13

1.1.1.2 The relationship between accountability and impunity14

1.1.2 A trend toward bottom-up accountability?18

1.1.3 Interpreting accountability in the context of human rights20

1.1.4 Is there a legal obligation to ensure accountability?26

1.1.5 A working understanding of accountability28

1.2 The‘state’28

1.3 Conclusion32

2 State accountability as a conceptual whole34

2.1 The scope of the ad hoc accountability practice for analysis35

2.2 A tentative set of acountability criteria41

2.2.1 Is state accountability associated with criminal accountability?42

2.2.2 Is slate accountability associated with state responsibility?50

2.2.3 Is state accountability associated with the particular law breached?52

2.2.4 Is state accountability solely associated with legal accountability?55

2.2.5 Is state accountability associated with political or moral accountability?57

2.3 Conclusion59

3 The relationship between state accountability and jus cogens norms61

3.1 Jus cogens as the link between conceptual state accountability and established international law61

3.2 The debate and attempting to define jus cogens62

3.2.1 Distinguishing jus cogens norms from standard norms63

3.2.2 The source and substance of jus cogens65

3.2.3 Are states under a positive duty to comply and ensure compliance with jus cogens norms?67

3.2.4 Which norms are jus cogens norms?68

3.3 A working definition of jus cogens70

3.4 Conclusion73

4 The relationship between conceptual state accountability and doctrinal state responsibility74

4.1 An introduction to the doctrine of state responsibility74

4.2 State responsibility under the ILC'S Draft Articles78

4.2.1 Can the international community as a whole invoke state responsibility?79

4.2.2 Is state responsibility for violating an erga omnes obligation effectual in terms of holding states accountable for breaching the underlying jus cogens norm?82

4.2.3 How effective is reparation under the Draft Articles in holding states accountable?84

4.3 Juridical support for state accountability in the context of the state responsibility doctrine89

4.4 Conclusion93

5 State accountability in state practice94

5.1 Setting the scene to analyse state accountability in practice94

5.1.1 Who determines whether a state breached international law?95

5.1.2 What forms of redress ensure the breaching state is held accountable?99

5.1.3 Is state accountability solely a state prerogative?100

5.2 Case studies100

5.2.1 Armenian massacre 1915100

5.2.2 Crimes against humanity by the USSR - Holdomor famine 1933 and the Katyn Forest massacre 1940110

5.2.3 Apartheid in South Africa120

5.2.4 Comparing responses to state aggresion in the 20th century129

5.2.4.1 Invasion of the Republic of Korea 1950130

5.2.4.2 Bombing of the Osiraq Nuclear Reactor 1981133

5.2.4.3 Invasion of Kuwait 1990135

5.2.4.4 Conclusions on the responses to state aggression140

5.2.5 Australia’s ‘stolen generation’142

5.3 Conclusion152

Conclusion: An accountability epoch?155

1 State accountability has no normative standing158

2 State practice is indicative rather than determinative of state accountability158

3 State accountability is a legal， political and moral concept159

4 State accountability represents a continuum of answerability160

5 State accountability is sought on the basis of a norm’s substance，not its jus cogens status161

6 Characteristics of state accountability162

6.1 A mix of motivations162

6.2 A mix of accountability seekers163

6.3 A mix of responses163

7 Moving from lex feranda to lex lata?164

Bibliography166

Index181