INTERNATIONAL CRIMES OF STATEPDF电子书下载

Introduction by JOSEPH WEILER, ANTONIO CASSESE and MARINA SPINEDI 1

Part Ⅰ Crimes of State: The Legislative History 7

International Crimes of State: The Legislative History by MARINA SPINEDI 7

Part Ⅱ Crimes of State: The Problems Revisited 141

G.ABI-SAAB,The Concept of“International Crimes” and its Place in Contemporary International Law 141

G.GAJA,Obligations Erga Omnes,International Crimes and Jus Cogens: A Tentative Analysis of Three Related Concepts 151

B.GRAEFRATH,International Crimes — A Specific Regime of Inter-national Responsibility of States and its Legal Consequences 161

P.-M.DUPUY,Implications of the Institutionalization of International Crines of State 170

Part Ⅲ Crimes of State: A General Discussion 189

Introduction to the Debate by H.E.Judge T.O.ELIAS 189

General Discussion 194

TED L.STEIN?,Observations on “Crimes of States” 194

A.CASSESE,Remarks on the Present Legal Regulation of Crimes of States 200

H.BOKOR-SZEGO,Some Comments on State Crimes and Lex Lata 213

R.AGO,Remarks on Some Classes of Crimes by States 215

J.SETTE CAMARA,State Crimes and Lex Lata 216

G.ABI-SAAB,On Defining the Concept 217

G.ALDRICH,Responsibility and State Crimes 219

M.BENNOUNA,The Concept of Crimes of States:Evolution,Opera-tion and Codification 220

E.STEIN,Remarks on Deficient Drafting of Article 19 222

SIR lan SINCLAIR,State Responsibility and the Concept of Crimes of States 223

T.MERON,Lex Lata:Is there already a Diffentiated Regime of State Responsibility in the Geneva Conventions? 225

A.CASSESE,CRITICAL Remarks on the Applicability of the Concept of Crimes of State to Humanitarian Law 232

L.CONDORELLI,The Continuity between Certain Principles of Humanitarian Law and the Concept of Crimes of States 233

R.AGO,Obligations Erga Omnes and the Internationl Community 237

H.BOKOR-SZEGO,Short Comments on the Concept of Crimes of States and Some Related Notions 239

E.JIMENEA DE ARECHAGA,Jus Cogens and Crimes of State 240

SIR IAN SINGLAIR,State Responsibility:Lex Ferenda and Crimes of State 240

S.MCCAFFREY,Lex Lata or the Continuum of State Responsibility 242

M.SPINEDI,Convergences and Divergencies on the Legal Conse-quences of International Crimes of States:With Whom Shoud Lie the Right of Response? 244

S.MCCAFFREY,The Objectives of a New Regime and the Means for Accomplishment 249

H.DE FIUMEL,Critical Observations on Crimes of State and the Notion of“International Community as a Whole” 251

R.AGO,The Concept of “International Community as a Whole”: A Guarantee to the Notion of State Crimes 252

B.GRAEFRATH,On the Reaction of the “International Community as a Whole”:A Perspective of Survival 253

E.JIMENEZ DE ARECHAGA, Crimes of State, Ius Standi, and Third States 255

SIR IAN SINCLAIR, State Crimes Implementation Problems: Who Reacts? 256

C.DOMINICE,The Need to Abolish the Concept of Punishment 257

W.RIPHAGEN, Crimes of State: The Concept and Response 258

C.DOMINICE, Legal Questions Relating to the Consequences of International Crimes 260

J.SETTE-CAMARA, Some Short Remarks: Consequences and Termin-ology 263

L.CONDORELLI, Measures Available to Third States Reacting to Crimes of State 264

B.CONFORTI, The Institutional Framework 266

Part Ⅳ Crimes of State: General Overviews of the Debate 271

S.TORREs BERNARDEZ, Problems and Issues Raised by Crimes of States: An Overview 271

D.THIAM, The Need to Better Clarify the Concept of Crimes of States 279

Part Ⅴ Crimes of State: Part Two of the ILC Work on State Responsibility 283

B.SIMMA, International Crimes: Injury and Countermeasures.Com-ments on Part 2 of the ILC Work on State Responsiblity 283

Part Ⅵ Crimes of State: Conclusions 319

J.WEILER, On Prophets and Judges.Some Personal Reflections on State Responsibility and Crimes of State 319

Part Ⅶ Crimes of State: Bibliography 339

M.SPINEDI, International Crimes of State.Bibliography 1946—1984 339

Part Ⅷ Crimes of State: Annexes 357

Ⅰ.Draft Articles on State Responsibility Adopted So Far by the International Law Commission 357

Ⅱ.Draft Articles on State Responsibility Submitted by Special Rapporteur Riphagen 365