New Developments Regarding the Rules of Attribution? The International Court of Justice's Decision inBosniav.Serbia
- 1 September 2008
- journal article
- Published by Cambridge University Press (CUP) in Leiden Journal of International Law
- Vol. 21 (3), 601-622
- https://doi.org/10.1017/s0922156508005207
Abstract
The article analyses the approach concerning the rules of attribution of conduct to a state followed by the ICJ in theBosniav.Serbiacase, and contrasts it with that of the International Law Commission. How far the Court modified its own jurisprudence in this field of law is also addressed. Moreover, the question will be discussed of whether the standards applied in the Court's decision are appropriate, considering the needs of the international community regarding the harmful action of private actors conspiring with states.Keywords
This publication has 4 references indexed in Scilit:
- The “Genocide” case: Reflections on the ICJ's Decision in Bosnia and Herzegovina v. SerbiaHague Justice Journal, 2007
- Attribution of Conduct to the State: How the Rules of State Responsibility may be Applied Within the WTO Dispute Settlement SystemJournal of International Economic Law, 2002
- Articles 4 and 8 of the 2001 ILC Articles on State Responsibility, the Tadic Case and Attribution of Acts of Bosnian Serb Authorities to the Federal Republic of YugoslaviaThe British Yearbook of International Law, 2002
- “Primary” and “secondary” rules in the law of State responsibility categorizing international obligationsNetherlands Yearbook of International Law, 1985