This article addresses the preliminary steps that must be taken in order to study the problems stemming from overdetermination in the law of state responsibility. Overdetermination, broadly defined, is the existence of multiple causes (multiple wrongdoers, external natural causes, contribution to the in...
In this context, the drafters of the International Law Commission's (ILC's) Draft Articles on the Responsibility of States for Internationally Wrongful Acts 3 deftly chose to address causation tersely but directly, largely by inserting two words—'caused by'—into article 31. This choice has ...
This leads them both to give a distorted account of the relationship between causation and moral or (as the case may be) legal responsibility, and, in the case of Coggon, to claim that the law's conception of causation is a fiction based on policy. Once it is seen that this ...
Gradually, the common law recognized other civil actions, including Defamation, libel, and slander. Most of the American colonies adopted the English common law in the eighteenth century. During the nineteenth century, the first U.S. legal treatises were published in which a portion of the ...
In criminal law, it is defined as the actus reus (an action) from which the specific injury or other effect arose and is combined with mens rea (a state of mind) to comprise the elements of guilt. Causation is only applicable where a result has been achieved and therefore is immaterial ...
Christianity and Free Will: St. Augustine’s solution to theproblem of evilwith the concept of free will, later contested byCalvinists. The Foundation of Moral Responsibility Moral and Legal Accountability: The justification ofpraise,blame,reward, orpunishmentbased on the belief in free will. ...
Climate Change Damage and International Law: Prevention Duties and State Responsibility This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage. By discussing the current state of climate science in the context of binding internat...
This collection of original essays on the topics of causation and explanation offers readers a state-of-the-art view of current work in these areas. The book is notable for its interdisciplinary character, and the essays, by distinguished authors and important rising scholars, will be of interest...
Chapter 1 Business Law 26個詞語 Key Concepts in Real Estate Management and Ownership 31個詞語 Organizations and Business Structures and Social Responsibility and Workplace Culture and Workplace Safety and Labor Laws 15個詞語 chapter 5 30個詞語 ...
heory; coal mine accident s; accident causat ion Model 1. Introduction The statistics of the State Administration of Work Safety of the 2009 and from January to June of 2010 showed that, in the context of the national safety situation improving continuously, the number of casualties in coal ...