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3 results

  • 1 - Introduction

  • Patrick Dumberry, University of Ottawa
  • Book:
    Rebellions and Civil Wars
    Published online:
    04 November 2021
    Print publication:
    18 November 2021, pp 1-32

  • Summary

    This Chapter examines the scope of this book and a number of essential definitions: rebellions and civil wars, ‘insurrectional movements’ and rebels, conduct (including wrongful acts) of rebels and governments, whether the outcome is the establishment of a new government or the creation of a new State, and the important distinction between Matters of ‘Attribution’ and ‘Responsibility’. This Chapter examines the structure of this book.

Rebellions and Civil Wars
  • State Responsibility for the Conduct of Insurgents
  • Patrick Dumberry
  • Published online:
    04 November 2021
    Print publication:
    18 November 2021
  • This book analyses all relevant questions of State responsibility and attribution arising from the conduct of rebels and governments in the context of civil wars and rebellions aiming at the establishment of a new government or the creation of a new State. Based on a comprehensive analysis of both old and recent State practice, and case law, including investment awards, as well as the works of scholars and the International Law Commission, the book identifies ten basic rules which can be used by States and international tribunals. It explains the history, content and scope of application of the specific solutions adopted in Article 10 of the International Law Commission Articles on State responsibility to address particular problems. The book also critically revisits some of the solutions that have been put forward by tribunals and scholars, and examines a number of questions which have never been addressed by them before.

The Institute of International Law's Resolution on State Succession and State Responsibility
  • Introduction, Text and Commentaries
  • Marcelo G. Kohen, Patrick Dumberry
  • Published online:
    16 January 2019
    Print publication:
    14 February 2019
  • Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.