Beyond Bilateralism

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Beyond Bilateralism

A Theory of State Responsibility for Breaches of Nonbilateral Obligations

9781035333271 Edward Elgar Publishing
Sarah Thin, Assistant Professor of International Law, Radboud University, Nijmegen, the Netherlands
Publication Date: July 2024 ISBN: 978 1 03533 327 1 Extent: c 284 pp
This timely book reimagines responsibility in international law, establishing the concept of nonbilateral responsibility as an objective legal situation generated by the commission of an internationally wrongful act. It examines the nature, operation and impact of this new form of responsibility, exploring its deep consequences for the legal system.

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This book reimagines responsibility in international law, establishing the concept of nonbilateral responsibility as an objective legal situation generated by the commission of an internationally wrongful act. It examines the nature, operation and impact of this new form of responsibility, exploring its deep consequences for the legal system.

Responding to the increasingly nonbilateralist nature of international law, the book argues that the legal model of state obligations is outdated. It draws on legal theory, the law of state responsibility and international dispute settlement mechanisms to outline nonbilateral responsibility as a structurally distinct concept. The book covers the incompatibility of current legal systems with the idea of nonbilateral responsibility in areas such as environmental and human rights law, and analyses complex developments towards nonbilateral obligations. Ultimately, it offers a fresh look at the nature of international legal responsibility, addressing foundational questions in international law.

Providing an accessible overview of the key issues surrounding nonbilateral obligations and responsibility, Beyond Bilateralism is an essential resource for students and scholars of international law and legal theory. It will also be of interest to legal practitioners interested in the future of state obligations.
Critical Acclaim
‘Sarah Thin’s book provides an excellent contribution to putting on good theoretical ground the topic of non-bilateral responsibility. She does so by developing a theory of non-bilateral responsibility, testing it against the law on international responsibility and the practice of international courts and tribunals, and exploring the implications for the international legal system. The potential impact of her research for the broader field of the law of international responsibility could be quite significant.’
– Gentian Zyberi, University of Oslo, Norway
Contents
Contents
1 Introduction to A Theory of State Responsibility for Breaches of Nonbilateral Obligations
2 Non-Bilateral Obligations and Responsibility
3 The Legal Regime for Non-Bilateral Responsibility
4 Non-Bilateral Responsibility in Interstate Dispute Settlement
5 Impact on the International Legal System
6 Conclusions on A Theory of State Responsibility for Breaches of Nonbilateral Obligations
Bibliography
Index



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