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4 - State Responsibility for Trafficking

Published online by Cambridge University Press:  10 January 2011

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Summary

In every system of law, responsibility as a legal institution plays a leading part because it both organizes and reveals the level of integration of this system, as well as the prevailing conceptions inside it regarding the nature of rights and of obligations, the consequences of their infringement and, perhaps more deeply, the ethical and social foundations of the whole. The establishment of a certain type of responsibility requires contemplation of the relationship it defines between the subjects of law, their acts and the community to which they belong.

The allocation of responsibility for violations of international law is critical to that system's effectiveness and credibility. The central claim of this study is that international law requires States (and, under certain circumstances, other entities) to be held answerable for their acts and omissions that cause or otherwise contribute to trafficking. The scant attention paid to State responsibility in the legal literature on trafficking suggests that this aspect of law is of marginal, perhaps only historical importance. This is both a legal and strategic mistake. Certainly, formal recourse to doctrines of State responsibility through international courts and tribunals is relatively uncommon. Such recourse is expensive, time-consuming, and often not seen to be in the long-term interests of even those States directly affected by a breach of legal obligation. It is to be expected that the development of treaty regimes establishing supervisory mechanisms and compliance procedures will further lessen the perceived need for formal invocation of responsibility.

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Publisher: Cambridge University Press
Print publication year: 2010

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References

Kooijmans, P.H., “Interstate Dispute Settlement in the Field of Human Rights,” in Brus, M., Muller, A.S. and Wiermers, S. eds., The United Nations Decade of International Law: Reflections on International Dispute Settlement 87 (1991)Google Scholar

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