Publication details
Vztah odpovědnosti státu a odpovědnosti jednotlivce v mezinárodním právu
| Title in English | Relation between State and Individual Responsibility in International Law |
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| Authors | |
| Year of publication | 2012 |
| Type | Monograph |
| Citation | |
| Description | Presented monograph deals with actual issue of concurrence between state and individual responsibility in public international law which International Court of Justice describes as a constant feature of international law. With international decision-making practice as background, author analyzes the character of wrongful act (isolated act, systematic act), methodology used for establishment of aggravated state responsibility, theoretical delimitation including the position of International Law Commission, and finally personal and material prerequisites of concurrence between state and individual responsibility in international law. The final chapter deals with fragmentation of public international law, which is usually evidenced by conflicting jurisdiction in cases Nicaragua v. the United States of America and Tadić. Author comes to the conclusion that despite significant dissimilarity between international state responsibility and international individual criminal responsibility, there are signs of significant overlap, which stems ab initio from obvious fact that state as abstract entity can only act through individuals. |