Book contents
- Theories of International Responsibility Law
- ASIL Studies in International Legal Theory
- Theories of International Responsibility Law
- Copyright page
- Contents
- Contributors
- Preface
- Theorizing International Responsibility Law, an Introduction
- Part I International Responsibility of Public Institutions: Public and/or Private?
- Part II International Responsibility of Public Institutions: Collective and/or Individual?
- Part III International Responsibility of Public Institutions: Fault-based or Not?
- 9 Responsibility or Liability
- 10 Causation, Fault and Function in the Rules of Attribution
- 11 Time Travel in the Law of International Responsibility
- Part IV Responsibility of Public Institutions: A World Tour
- Index
9 - Responsibility or Liability
Is It Really That Simple?
from Part III - International Responsibility of Public Institutions: Fault-based or Not?
Published online by Cambridge University Press: 01 September 2022
- Theories of International Responsibility Law
- ASIL Studies in International Legal Theory
- Theories of International Responsibility Law
- Copyright page
- Contents
- Contributors
- Preface
- Theorizing International Responsibility Law, an Introduction
- Part I International Responsibility of Public Institutions: Public and/or Private?
- Part II International Responsibility of Public Institutions: Collective and/or Individual?
- Part III International Responsibility of Public Institutions: Fault-based or Not?
- 9 Responsibility or Liability
- 10 Causation, Fault and Function in the Rules of Attribution
- 11 Time Travel in the Law of International Responsibility
- Part IV Responsibility of Public Institutions: A World Tour
- Index
Summary
This chapter recalls the distinction between responsibility and liability as it emerged in the work of the International Law Commission and its inherent difficulties, before turning to its relevance in relation to the interplay between the obligation to prevent harm and the prohibition to cause harm, the question of cessation and the procedural treatment at the International Court of Justice of the issues of injury, causality and reparation owed. The chapter questions the received wisdom according to which ‘responsibility’ and ‘liability’ would be two different legal genres and argues that the dichotomy between them is porous.
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- Information
- Theories of International Responsibility Law , pp. 209 - 228Publisher: Cambridge University PressPrint publication year: 2022