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An Investigation of Aggravated State Responsibility

Karlsson, Johanna (2006)
Department of Law
Abstract
In this thesis, I claim that there are two forms of state responsibility: ordinary responsibility and aggravated responsibility. The concern of aggravated responsibility is to be able to handle serious breaches of peremptory norms. I will systematically describe the definition of the concept of aggravated responsibility and its development. I also claim that aggravated responsibility is legally justified in current international law, a conclusion I have reached by putting the prerequisites of aggravated responsibility in the light of the ILC Draft as well as other legal documents and international state practice. The establishment of the new articles 40 and 41 of the Draft in 2001 has been of great importance for the development of... (More)
In this thesis, I claim that there are two forms of state responsibility: ordinary responsibility and aggravated responsibility. The concern of aggravated responsibility is to be able to handle serious breaches of peremptory norms. I will systematically describe the definition of the concept of aggravated responsibility and its development. I also claim that aggravated responsibility is legally justified in current international law, a conclusion I have reached by putting the prerequisites of aggravated responsibility in the light of the ILC Draft as well as other legal documents and international state practice. The establishment of the new articles 40 and 41 of the Draft in 2001 has been of great importance for the development of aggravated responsibility. According to my opinion violations of fundamental values, such as peace and human rights, should be seen as more serious breaches than other infringements and should therefore be responded to differently than breaches regarding ordinary responsibility. I find it clear that there is a need for aggravated responsibility in present international law. (Less)
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author
Karlsson, Johanna
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Folkrätt
language
English
id
1559098
date added to LUP
2010-03-08 15:55:23
date last changed
2010-03-08 15:55:23
@misc{1559098,
  abstract     = {In this thesis, I claim that there are two forms of state responsibility: ordinary responsibility and aggravated responsibility. The concern of aggravated responsibility is to be able to handle serious breaches of peremptory norms. I will systematically describe the definition of the concept of aggravated responsibility and its development. I also claim that aggravated responsibility is legally justified in current international law, a conclusion I have reached by putting the prerequisites of aggravated responsibility in the light of the ILC Draft as well as other legal documents and international state practice. The establishment of the new articles 40 and 41 of the Draft in 2001 has been of great importance for the development of aggravated responsibility. According to my opinion violations of fundamental values, such as peace and human rights, should be seen as more serious breaches than other infringements and should therefore be responded to differently than breaches regarding ordinary responsibility. I find it clear that there is a need for aggravated responsibility in present international law.},
  author       = {Karlsson, Johanna},
  keyword      = {Folkrätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {An Investigation of Aggravated State Responsibility},
  year         = {2006},
}