04030nam a22005895i 4500 978-3-031-59508-0 DE-He213 20251030112301.0 cr nn 008mamaa 240605s2024 sz | s |||| 0|eng d 9783031595080 978-3-031-59508-0 10.1007/978-3-031-59508-0 doi KZ LBB bicssc LAW051000 bisacsh LBB thema Hernández Páez, Juan Pablo. author. aut http://id.loc.gov/vocabulary/relators/aut 78349 Mistake of Fact in Public International Law [electronic resource] / by Juan Pablo Hernández Páez. 1st ed. 2024. Cham : Springer Nature Switzerland : Imprint: Springer, 2024. X, 128 p. 3 illus. online resource. text txt rdacontent computer c rdamedia online resource cr rdacarrier text file PDF rda SpringerBriefs in Law, 2192-8568 Introduction -- Mistake of Fact in the Establishment of Attribution -- Mistake of Fact in the Establishment of a Breach -- Mistake of Fact in the Preclusion of Wrongfulness -- Conclusions. This book offers an in-depth analysis of the problem of mistakes of fact in connection with the law of state responsibility – mistakes which have significant implications for global governance and legal certainty that have yet to be fully mapped out in contemporary international law. The book begins by defining the underlying problem: the abundance of cases in which states have unintentionally violated international law and the law of state responsibility’s apparent silence regarding the juridical consequences of such errors. In turn, it addresses three key areas of state responsibility. First, it explores how mistakes of fact can influence the analysis of attribution in international practice. Second, it addresses the implications of mistakes of fact in identifying “breaches” of international law. This includes a range of case studies, such as state responsibility for accidentally shooting down civilian aircraft or for the accidental killing of civilians on the part of state agents. Thirdly, the book delves into how mistakes of fact can preclude responsibility for established breaches of international law, either on their own or within the matrix of existing defenses. This book is primarily intended for researchers focusing on the international law of state responsibility. Its aim is to spark a discussion about how to address important aspects of state practice that existing instruments do not exhaustively codify. As it seeks to provide clarity on existing state practice regarding mistakes of fact, the book will also benefit professionals whose work involves issues of state responsibility in practice. . International law. 58292 Mediation. 65658 Dispute resolution (Law). 62030 Arbitration (Administrative law). 65659 International criminal law. Humanitarian law. 68811 Public International Law. 57414 Dispute Resolution, Mediation, Arbitration. 65666 International Criminal Law. International Humanitarian Law, Law of Armed Conflict. 68812 Sources and Subjects of International Law, International Organizations. 67601 SpringerLink (Online service) Springer Nature eBook Printed edition: 9783031595073 Printed edition: 9783031595097 SpringerBriefs in Law, 2192-8568 67232 https://doi.org/10.1007/978-3-031-59508-0 ZDB-2-LCR ZDB-2-SXLC 60560 60560