Abstract

http://ssrn.com/abstract=885197
 
 

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An Economic Analysis of State and Individual Responsibility under International Law


Eric A. Posner


University of Chicago - Law School

Alan O. Sykes


New York University School of Law

February 2006

U Chicago Law & Economics, Olin Working Paper No. 279
Stanford Law and Economics Olin Working Paper No. 318

Abstract:     
The international law of state responsibility determines when states are liable for international law violations. States are generally liable when they have control over the actions of wrongdoers; thus, the actions of state officials can implicate state responsibility whereas the acts of private citizens usually do not. We argue that the rules of state responsibility have an economic logic similar to that of vicarious liability in domestic law: the law in both cases provides third parties with incentives to control the behavior of wrongdoers whom they can monitor and influence. We also discuss international legal remedies and individual liability under international criminal law.

Number of Pages in PDF File: 67

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Date posted: February 16, 2006  

Suggested Citation

Posner, Eric A. and Sykes, Alan O., An Economic Analysis of State and Individual Responsibility under International Law (February 2006). U Chicago Law & Economics, Olin Working Paper No. 279; Stanford Law and Economics Olin Working Paper No. 318. Available at SSRN: http://ssrn.com/abstract=885197 or http://dx.doi.org/10.2139/ssrn.885197

Contact Information

Eric A. Posner (Contact Author)
University of Chicago - Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
773-702-0425 (Phone)
773-702-0730 (Fax)
HOME PAGE: http://www.law.uchicago.edu/faculty/posner-e/
Alan O'Neil Sykes
New York University School of Law ( email )
40 Washington Square South
New York, NY 10012-1099
United States
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