"Ongoing work of the International Law Commission on State succession with respect to State responsibility begs the question: how does this new matter fit into the broader concept of State succession? This book presents a detailed analysis of the complete codified field of State succession, with new observations and the relevant elements of State responsibility. Dr. Grega Pajnkihar provides insight into how these two areas of international law are interlinked and why State responsibility should not be treated differently from other matters of succession"--
Based on a detailed analysis of the complete codified field of State succession and the relevant elements of State responsibility, this book introduces new observations, which can be applied to highly disputable succession to State responsibility.
????Acknowledgements??
Abbreviations??
Introduction??
Part 1?
Succession of States?
1?? State Formation and Elements of State Succession??
1.1 The Origins of the State
1.2 Succession
2?? Succession to State Property??
2.1 Definition of State Property
2.2 Principles and Rules for Succession to State Property
2.3 Types of State Property
2.4 State Practice with Continuing Legal Personality
2.5 Practice of States without Continuing Legal Personality
2.6 Conclusions
3?? Succession to State Archives??
3.1 Definition of State Archives
3.2 Principles and Rules for Succession to State Archives
3.3 State Practice with Continuing Legal Personality
3.4 State Practice without Continuing Legal Personality
3.5 Conclusions
4?? Succession to State Debt??
4.1 The Creditor as a Public or Private International Law Entity
4.2 Types of Debt
4.3 Principles and Rules for Succession to State Debt
4.4 State Practice with Continuing Legal Personality
4.5 State Practice without Continuing Legal Personality
4.6 Conclusions
5?? Succession to Treaties??
5.1 Definition of a Treaty
5.2 Types of Treaties and Other Sources of International Law
5.3 Principles and Rules for Succession to Treaties
5.4 State Practice with Continuing Legal Personality
5.5 State Practice without Continuing Legal Personality
5.6 Conclusions
6?? Conclusions??
6.1 Principles
6.2 Confirmed Rules
Part 2?
Responsibility of States for Internationally Wrongful Acts?
7?? Definition of International Responsibility of States??
7.1 Acts of a State
7.2 International Wrongfulness
8?? Attribution of a Conduct??
8.1 Conduct of State Organs in their Official Capacity
8.2 Special Cases of Attribution
9?? Indirect Responsibility??
9.1 Aid and Assistance
9.2 Direction and Control over the Actions of Another State
9.3 Coercion
10?? Rights and Obligations Arising from International Responsibility??
10.1 Obligation of the Breaching State to Cease the Wrongful Conduct
10.2 Assurances and Guarantees of Non-repetition
10.3 Reparations
10.4 Contribution of an Injured State to the Injury and Duty to Mitigate the Consequences
10.5 Consequences of Serious Breaches of Jus Cogens???
10.6 Circumstances Precluding Wrongfulness
11?? Invocation of International Responsibility??
12?? Conclusions??
Part 3?
State Succession to International Responsibility?
13?? Definition of State Succession to Responsibility for Internationally Wrongful Acts??
13.1 Object of State Succession to Responsibility for Internationally Wrongful Acts
13.2 Time Frames for Succession to International Responsibility
13.3 Theoretical Foundations of Succession to International Responsibility
14?? Types of State Succession to International Responsibility??
14.1 Fictitious Succession to International Responsibility
14.2 Real Succession to International Responsibility
15?? Conclusions??
Literature??
Index??
Grega Pajnkihar, Ph.D. (2020), University of Ljubljana, is a professional diplomat of the Republic of Slovenia. During his career, he was actively engaged with succession of Yugoslavia and was a Fulbright Scholar at George Washington University in Washington D.C.
