An Economic Analysis of State and Individual Responsibility Under International Law

Posted: 16 Jun 2008

See all articles by Eric A. Posner

Eric A. Posner

University of Chicago - Law School

Multiple version iconThere are 2 versions of this paper

Date Written: Spring 2007

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.

Suggested Citation

Posner, Eric A., An Economic Analysis of State and Individual Responsibility Under International Law (Spring 2007). American Law and Economics Review, Vol. 9, Issue 1, pp. 72-134, 2007. Available at SSRN: https://ssrn.com/abstract=1145983 or http://dx.doi.org/10.1093/aler/ahm001

Eric A. Posner (Contact Author)

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