Righting wrongs: towards a new theory of state succession to responsibility for international delicts
Article Abstract:
Successor states have traditionally not been held liable for international delicts of the preceding state. However, a rebuttable presumption of succession to responsibility for such violations of international obligations should instead be the norm. This presumption is supported by general principles of international and municipal law, including the doctrine of acquired rights, the principle of international servitudes and the principle of unjust enrichment. The presumption of responsibility is preferable because it favors the victim, who would otherwise be left without a remedy.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1992
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The Kantian theory of international law
Article Abstract:
A theory of international law based on human rights provides a better normative framework for international peace and justice than the dominant theory, based on state sovereignty. The individualistic theory was first envisioned by Immanuel Kant in his 1795 essay 'Perpetual Peace.' In Kant's view only liberal democracies which respect rights to freedom, due process and equality can legitimately represent their citizens internationally. The same view of justice is applied in international relations as in domestic relations.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1992
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A regulatory competition theory of indeterminacy in corporate law
Article Abstract:
To what degree interstate competition is desirable in corporate law has long been debated. However, because the market for corporate law is not completely competitive, it may not provide the best possible product either to corporate managers or shareholders. Delaware predominates as a site for incorporation because of the many advantages it offers to new corporations. Delaware could improve these competitive advantages through the application of indeterminacy theory.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1998
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