Baltic Yearbook of International Law, 2003Ineta Ziemele The Baltic Yearbook of International Law is an annual publication containing contributions on topical issues in international law and related fields that are relevant to Baltic affairs and beyond. In addition to articles on different aspects of international law, each Yearbook focuses on a theme with particular importance to the development of international law. Volume 3 contains contributions that were presented at, or inspired by, the conference entitled Reparations to States, Groups and Individuals: Implementation of State Responsibility organised on the occasion of the inauguration of the Yearbook. Undoubtedly, there are many difficult legal and political questions surrounding the implementation of the law of State responsibility and this volume addresses only some of them. The contributions disclose several fundamental questions concerning the implementation of State responsibility. Can or should the general principles of State responsibility such as the obligation of full reparation be modified when applied within a specific framework of a treaty regime? Can or should these principles be modified when a treaty embodies rights that are generally considered to have achieved the character of jus cogens norms? How to enforce the obligation of reparations between States when one of them does not recognise any such obligation? One way or another all articles published in this volume raise the issue of ways and means to ensure the compliance of States with their international obligations and their responsibility in case of violations of these obligations. |
Contents
Article 41 of the European Convention on Human | 41 |
Peremptory Norms and Reparation | 55 |
Jus Cogens Limitations on the Duty to Provide Reparation | 57 |
A Bill for the Occupants or an Issue to Negotiate | 77 |
Commentary to the Law of the Republic | 97 |
State Continuity Succession and Responsibility | 165 |
General Articles | 191 |
NonCompliance Procedure under the Kyoto | 229 |
Mainstreaming Human Rights in the European | 253 |
States on Democratic Development | 279 |
Lithuania | 299 |
Book Reviews | 333 |
ŭeslovas Vytautas Stankeviŝius The Negotiations with Russia on | 339 |
Marc Benitah The Law of Subsidies under the GATTWTO System | 349 |
List of Contributors | 355 |
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according adopted agreements annexation applicant armed attack award Bank Bank’s breach CBSS Commissioner claim Commentary to Article committed Compliance Committee concerning consequences continuity Convention Council of Europe crimes damage caused damage inflicted damage resulting decision EIB’s enforcement branch Estonia European Court European Investment Bank evaluation fact foreign former USSR Government human rights human rights violations Ibid ILC Commentary illegal implementation individual injured institutions international community International Law Commission international organisations internationally wrongful act issues jus ad bellum jus cogens Koskenniemi Kyoto Protocol Latvia Law on Compensation legal personality Lithuania's Law mandate military moral negotiations non-compliance procedure obligations paragraph Parties peremptory norms political practice Preamble principle protection question recognised regarded regime relations relevant remedy Report Republic of Lithuania Resolution responsibility restitution rules Russia Russian Federation satisfaction Security Council Seimas self-defence Soviet occupation Soviet Union Stankevičius territory terrorist attacks Treaty troops USSR victims withdrawal