An Economic Analysis of State and Individual Responsibility Under International Law

Eric A. Posner and Alan O. Sykes

American Law and Economics Review, 2007, vol. 9, issue 1, pages 72-134

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. Copyright 2007, Oxford University Press.

Date: 2007

Downloads: (external link)
http://hdl.handle.net/10.1093/aler/ahm001 (application/pdf)
Access to full text is restricted to subscribers.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: http://EconPapers.repec.org/RePEc:oup:amlawe:v:9:y:2007:i:1:p:72-134

Ordering information: This journal article can be ordered from
http://www.oup.co.uk/journals

Access Statistics for this article

American Law and Economics Review is edited by Hon. Richard A. Posner

More articles in American Law and Economics Review from Oxford University Press
Address: Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK
Series data maintained by Christopher F. Baum ().