Causation in International Law

In this cutting-edge book, Dr Orakhelashvili addresses the doctrine of causation, examining its suitability to influence, or contribute to, the process of responsibility of State and non-State actors in international law. In doing so, the book considers the record so far and places the international legal system’s practical experience within its normative context.

Split into four chapters, the book begins by examining the workings of causation across various national legal systems, including the common law and the civil law systems. The central second chapter considers the doctrine of causation within the structure of the law of State responsibility for internationally wrongful acts, focusing mainly on the ways in which causation is both adopted and bounded within the international legal system. The next chapter deals with the practice of international courts and tribunals relating to causation, including the International Court of Justice and the European Court of Human Rights, and the final chapter offers some critique of secondary literature on causation and related issues arising in national and international law.

One of the originalities of this book is its discrete focus on the international legal system, as opposed to using national law concepts to deduce a workable or efficacious doctrine of causation in international law. In that sense, the book contains detailed critique of some notions frequently mentioned in academic writings, such as concurrent causation, over-determination and the NESS test.
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