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Revisiting the Concepts of Rights, Obligations and Injury in the Invocation of State Responsibility in Inter-State Adjudication/ (Record no. 9488)

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001 - CONTROL NUMBER
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003 - CONTROL NUMBER IDENTIFIER
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005 - DATE AND TIME OF LATEST TRANSACTION
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007 - PHYSICAL DESCRIPTION FIXED FIELD--GENERAL INFORMATION
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022 ## - INTERNATIONAL STANDARD SERIAL NUMBER
International Standard Serial Number 0031-7721
040 ## - CATALOGING SOURCE
Transcribing agency UM Bansalan College LIC
082 ## - DEWEY DECIMAL CLASSIFICATION NUMBER
Classification number BPer. 340
Item number P538
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Fernandez, Gemmo Bautista
9 (RLIN) 14583
245 ## - TITLE STATEMENT
Title Revisiting the Concepts of Rights, Obligations and Injury in the Invocation of State Responsibility in Inter-State Adjudication/
Statement of responsibility, etc. by Gemmo Bautista Fernandez
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Place of publication, distribution, etc. Diliman, Quezon City, Philippines:
Name of publisher, distributor, etc. University of the Philippines College of Law
300 ## - PHYSICAL DESCRIPTION
Extent 29 pages
310 ## - CURRENT PUBLICATION FREQUENCY
Current publication frequency Quarterly
362 ## - DATES OF PUBLICATION AND/OR SEQUENTIAL DESIGNATION
Dates of publication and/or sequential designation October 2018
440 ## - SERIES STATEMENT/ADDED ENTRY--TITLE
Title Philippine Law Journal
Volume/sequential designation Vol.91, No.4 (October 2018)
International Standard Serial Number 0031-7721
9 (RLIN) 14528
490 ## - SERIES STATEMENT
Volume/sequential designation Vol.91, No.4 (October 2018)
International Standard Serial Number 0031-7721
520 ## - SUMMARY, ETC.
Summary, etc. This article delves into the two-tiered approach to standing presented by Article 42 and 48 of the International Law Commission's Draft Articles on State Responsibility. Particularly it highlights the issues brought about by the articles, ranging from overbreadth, potential for abuse, desirability of distinction, and legal status. It also looks into the decisions of the International Court of Justice and observes that, while there may be practice from states in raising such a claim to standing, there is an absence of judicial recognition with regard to Article 48, thereby highlighting its status as lex ferenda. After highlighting the issues and the status of the two-tiered approach, the Article revisits the concepts of rights, obligations, and injury, and demonstrates the merits of the reunification of the two articles. First, the article deals with the issue of the distinction between "rights" under Article 42 and "legal interests" used in Article 48. The article seeks to eliminate this distinction by relying on "rights" alone as a basis for the invocation of state responsibility in inter-state adjudication. Second, it submits the international obligations, even orga omnes partes and erga omnes, could be "bilateralised" thereby eliminating the need for different approaches based on the nature of the obligations. Third, the article addresses the issue of "injury" and notes that both classes of states viewed by the two articles are in fact injured if their "rights" have been violated through a breach of obligation by a responsible state. Lastly, it delves into the effect of the reunification of the articles on the implementation of state responsibility. It also endeavours to clarify issues surrounding the implementation of obligations erga omnes such as whether community decisions are required for its invocation and whether the directly affected states have the primacy of action over those states which are not.
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element International law
9 (RLIN) 14584
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element International law (Human rights)
9 (RLIN) 14585
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Source of classification or shelving scheme Dewey Decimal Classification
Koha item type Bansalan Periodicals
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Current library Date acquired Total Checkouts Full call number Date last seen Price effective from Koha item type
    Dewey Decimal Classification   Not For Loan UM Bansalan College LIC 05/17/2022   BPer. 340 P538 05/17/2022 05/17/2022 Bansalan Periodicals