67 Pages Posted: 16 Feb 2006
Date Written: February 2006
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: 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: https://ssrn.com/abstract=885197 or http://dx.doi.org/10.2139/ssrn.885197
By Eric Posner
The Historical Origins, Convergence and Interrelationship of International Human Rights Law, International Humanitarian Law, International Criminal Law and Public International Law and Their Application from at Least the Nineteenth Century
By Kevin Heller