The private law aspects of state responsibility for unlawful extraterritorial acts

This article deals with the question whether, and to what extent, private law regulates extraterritorial state acts. This question arises primarily in the context of use of force in international relations. The issue is of theoretical importance because civil liability of the state for unlawful extr...

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Main Author: Grušić Uglješa
Format: Article
Language:English
Published: University of Belgrade, Faculty of Law, Belgrade, Serbia 2019-01-01
Series:Anali Pravnog Fakulteta u Beogradu
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651901025G.pdf
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author Grušić Uglješa
author_facet Grušić Uglješa
author_sort Grušić Uglješa
collection DOAJ
description This article deals with the question whether, and to what extent, private law regulates extraterritorial state acts. This question arises primarily in the context of use of force in international relations. The issue is of theoretical importance because civil liability of the state for unlawful extraterritorial acts stands at the intersection of private and public law and internal and international law and, as such, questions the appropriateness of some of the fundamental classifications and categories on which the modern law is based. The issue is of practical importance because civil claims have the potential to become an important mechanism for holding to account states that commit unlawful extraterritorial acts. The practical importance of this issue has been reignited in Serbia with the re-emergence of the initiative to sue NATO states for the compensation of damages caused to civilians and the environment in Serbia by the use of depleted uranium.
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spelling doaj.art-3c46af9cd0d443a19e5ba495598dc88d2022-12-21T22:42:40ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932019-01-01671254610.5937/AnaliPFB1901026G0003-25651901025GThe private law aspects of state responsibility for unlawful extraterritorial actsGrušić Uglješa0Pravni fakultet, Londonski univerzitetski koledž, UKThis article deals with the question whether, and to what extent, private law regulates extraterritorial state acts. This question arises primarily in the context of use of force in international relations. The issue is of theoretical importance because civil liability of the state for unlawful extraterritorial acts stands at the intersection of private and public law and internal and international law and, as such, questions the appropriateness of some of the fundamental classifications and categories on which the modern law is based. The issue is of practical importance because civil claims have the potential to become an important mechanism for holding to account states that commit unlawful extraterritorial acts. The practical importance of this issue has been reignited in Serbia with the re-emergence of the initiative to sue NATO states for the compensation of damages caused to civilians and the environment in Serbia by the use of depleted uranium.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651901025G.pdfstate responsibilityprivate lawinternational relationsuse of forcecomparative law
spellingShingle Grušić Uglješa
The private law aspects of state responsibility for unlawful extraterritorial acts
Anali Pravnog Fakulteta u Beogradu
state responsibility
private law
international relations
use of force
comparative law
title The private law aspects of state responsibility for unlawful extraterritorial acts
title_full The private law aspects of state responsibility for unlawful extraterritorial acts
title_fullStr The private law aspects of state responsibility for unlawful extraterritorial acts
title_full_unstemmed The private law aspects of state responsibility for unlawful extraterritorial acts
title_short The private law aspects of state responsibility for unlawful extraterritorial acts
title_sort private law aspects of state responsibility for unlawful extraterritorial acts
topic state responsibility
private law
international relations
use of force
comparative law
url https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651901025G.pdf
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