State Responsibility for Non-State Actors: Past, Present and Prospects for the Future (Studies in International Law)

This book investigates how state responsibility can be determined for the wrongdoing of non-state actors. Every day, people, businesses and societies around the world pay a price arising from interactions between states and non-state actors. From insurrections that attempt to create new governments, to states arming belligerent proxies operating overseas, to companies damaging natural environments or providing suspect services, the impact of such situations are felt in numerous ways. They also raise many questions relating to responsibility. In answering these, State Responsibility for Non-State Actors provides a picture of what the law governing this area is, what it could be, and what it should be in light of past histories, present realities and future prospects. Volume 87 in the series Studies in International Law Foreword Acknowledgements Table of Contents Table of Cases Introduction 1. Methodology 2. Structure 1. Non-state Actors and the Applicable International Law on Responsibility 1. A View on the History of Attribution in the Work of the ILC 2. Current Difficulties with Determining Non-state Actor Responsibility 3. Responsibility Gaps in International Law 4. Why Is This Area of International Law Important? 5. Conclusion 2. Non-state Actors that Exercise Governmental Authority 1. The (Im)practicalities of Analogy: Article 6 and Non-state Actors 2. Origins and Development of the Term 'Governmental Authority' 3. What Is 'Governmental Authority' for the Purposes of Attribution? 4. Conclusion 3. Attribution Based on Perceived State Control Over Non-state Actors 1. The Development of Article 8 2. Application of Control-Based Attribution in Practice 3. Article 8 and International Custom 4. Conclusion 4. State Responsibility for Previous Conduct as a Non-state Actor 1. Retroactivity as a Basis for Attribution of Conduct 2. The Scope of Retroactive Attribution 3. Statehood and Recognition 4. Conclusion 5. Conduct of Non-state Actors that is Acknowledged and Adopted by States 1. Developing Acknowledgement and Adoption as an Attribution Test 2. Applying Article 11 in Practice 3. The Value of Article 11 4. Conclusion 6. State Complicity in the Wrongdoing of Non-state Actors 1. Incorporating Non-state Actors into the Legal Framework on Complicity 2. The Operation of State Complicity in Non-state Actor Wrongdoing 3. The Foundations of a General Complicity Rule that Incorporates Non-state Actors 4. Conclusion 7. Due Diligence Failings of States that Contribute to the Wrongdoing of Non-state Actors 1. Due Diligence in the Preparatory Work of the ARSIWA 2. Formulating Due Diligence as a Secondary Rule 3. Applying a Secondary Due Diligence Rule 4. Conclusion 8. New Tests for New Futures 1. A Default Approach to Non-state Actors in Matters of State Responsibility 2. State Instigation of Non-state Actor Conduct 3. State Coercion of Non-state Actors 4. Conclusion Conclusion Bibliography Index "This book investigates how state responsibility can be determined for the wrongdoing of non-state actors. Every day, people, businesses and societies around the world pay a price arising from interactions between states and non-state actors. From insurrections that attempt to create new governments, to states arming belligerent proxies operating overseas, to companies damaging natural environments or providing suspect services, the impact of such situations are felt in numerous ways. They also raise many questions relating to responsibility. In answering these, State Responsibility for Non-State Actors provides a picture of what the law governing this area is, what it could be, and what it should be in light of past histories, present realities and future prospects"-- Provided by publisher "This monograph examines the international law applicable when determining state responsibility for non-state actor conduct. Covering all rules, both on direct and indirect, it shows why this distinction is significant from a practical and conceptual perspective. It challenges received wisdom regarding customary international law and the application of certain rules in practice. By showing and scrutinising the laws that govern state responsibility for non-state actors, it provides a comprehensive picture of what this law is, what it could be, and what it should be. Not limiting its approach to a purely doctrinal one, it also draws on comparative, empirical and theoretical methodologies to show how the law might be better developed to address future challenges."