An Economic Analysis of State and Individual Responsibility under International Law

67 Pages Posted: 16 Feb 2006  

Eric A. Posner

University of Chicago - Law School

Alan O. Sykes

Stanford University - Law School

Multiple version iconThere are 2 versions of this paper

Date Written: February 2006

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. 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

Eric A. Posner (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
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United States
773-702-0425 (Phone)
773-702-0730 (Fax)

HOME PAGE: http://www.law.uchicago.edu/faculty/posner-e/

Alan O'Neil Sykes

Stanford University - Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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