The private law aspects of state responsibility for unlawful extraterritorial acts

Abstract

This article deals with the question whether, and to what extent, private law regulates extraterritorial state acts. This question arises primarily in the context of use of force in international relations. The issue is of theoretical importance because civil liability of the state for unlawful extraterritorial acts stands at the intersection of private and public law and internal and international law and, as such, questions the appropriateness of some of the fundamental classifications and categories on which the modern law is based. The issue is of practical importance because civil claims have the potential to become an important mechanism for holding to account states that commit unlawful extraterritorial acts. The practical importance of this issue has been reignited in Serbia with the re-emergence of the initiative to sue NATO states for the compensation of damages caused to civilians and the environment in Serbia by the use of depleted uranium.

Keywords

• state responsibility
• private law
• international relations
• use of force
• comparative law