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The Impact of Human Rights Law on General International Law$
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Menno T. Kamminga and Martin Scheinin

Print publication date: 2009

Print ISBN-13: 9780199565221

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199565221.001.0001

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Impact on State Responsibility

Impact on State Responsibility

Chapter:
(p.235) 11 Impact on State Responsibility
Source:
The Impact of Human Rights Law on General International Law
Author(s):

Robert McCorquodale

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199565221.003.0011

This chapter explores the extent to which general international law principles of state responsibility have been influenced by international human rights law, rather than the impact of state responsibility on international human rights law. It focuses on the two core aspects of state responsibility: attribution to a state, and the extent of the obligations on a state for which it has international legal responsibility. It also considers the general impact that international human rights law may have had upon the broader understanding of state responsibility. In so doing, the issue of whether it is appropriate in any event to engage in an evaluation of the impact of international human rights law on the general international law of state responsibility, especially considering the apparently ‘private’ nature of many human rights abuses, is considered.

Keywords:   state responsibilities, human rights, international human rights law, positive obligations, attribution

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