Description
Book SynopsisIn this cutting-edge book, Alexander Orakhelashvili addresses the doctrine of causation, examining its suitability to influence, or contribute to, the process of responsibility of State and non-State actors in international law. In doing so, the book considers the record so far and places the international legal system’s practical experience within its normative context.
Split into four chapters, the book begins by examining the workings of causation across various national legal systems, including the common law and the civil law systems. The central second chapter considers the doctrine of causation within the structure of the law of State responsibility for internationally wrongful acts, focusing mainly on the ways in which causation is both adopted and bounded within the international legal system. The next chapter deals with the practice of international courts and tribunals relating to causation, including the International Court of Justice and the European Court of Human Rights, and the final chapter offers some critique of secondary literature on causation and related issues arising in national and international law.
Deeply grounded in evidence, illuminating, comprehensive and timely, Causation in International Law will be key reading for academics, postgraduate students and practising lawyers in the areas of public international law and legal theory.
Trade Review‘Alexander Orakhelashvili demonstrates once again his flair and talent for drawing important notions of international law out of doctrinal darkness, mystery or oblivion. He conducts the investigation on causation with his distinctive analytical style which combines comprehensiveness, thoroughness, description and a progressive spirit. The result is,as usual, a must read.’ -- Robert Kolb, University of Geneva, Switzerland
Table of ContentsContents: Introduction 1. Causation in national legal systems 2. Causation and the structure of the law of State responsibility 3. Causation in judicial and State practice 4. A critique of some theoretical approaches relevant to causation 5. Conclusion Index
