Search results for "State liability"
showing 4 items of 4 documents
Competence Aspects of Responsible State Institutions
2014
One of the specific features of the law on IGOs relates to the fact that competence of state institutions of EU Member States for prosecution of the infringements of IGOs is envisaged within their jurisdictions. Therefore, in the case of IGOs, their infringements will be prosecuted both by right-holders of IGOs and state institutions of EU Member States. Considering these both prosecution possibilities, right-holders of IGOs have a choice either to prosecute infringements of IGOs themselves, i.e. bringing a case to a court if out-of-court settlement procedures were not successful or were not even chosen, or to apply to a state institution having competence to prosecute infringements of IGOs…
Compensating acquitted pre-trial detainees
2015
Abstract Western legal systems are far from having provided the same solution to the problem of whether acquitted pre-trial detainees should be compensated for the harm suffered as a result of detention on remand. Various arguments have been formulated in order to justify or criticize this compensation, but the possible incentive effects of this compensation on criminal behavior has not yet been considered. This paper analyzes these effects, focusing on the case where detention was lawfully and diligently carried out by State agents, and not having been caused by negligence on the part of the detainee. The paper shows that such compensation can either deter crime or encourage it, depending …
Jurisdiction and applicable law in cases of damage from space in Europe—The advent of the most suitable choice—Rome II
2010
Liability for space activities is a much discussed subject and the advent of commercial space operations has only added to its importance. Articles VI and VII Outer Space Treaty, together with Articles II and III Liability Convention, remain the main entry level for state liability for damage arising from private space activities. Few space-faring nations have introduced national space statutes that include a flow down of their international obligations. The European Union (EU) Regulation on the law applicable to non-contractual obligations—hereinafter Rome II Regulation—could harbour developments for liability law in the context of damage resulting from space operations. Space activities w…
Codification of State liability for environmental damage resulting from acts not prohibited by International Law
2023
Codification of State liability for environmental damage resulting from acts not prohibited by International Law. 1. Introduction. 2. The 2001 Draft Articles on "Prevention of Transboundary Harm from Hazardous Activities". 3. The 2006 Draft Principles on "Allocation of loss in the case of transboundary harm arising out of hazardous activities".