Secondary Rules of Primary Importance in International Law

Gábor Kajtár is Associate Professor in International Law at ELTE Law School Budapest. He holds a Law degree, an MA in Political Sciences, and an LL.M. degree from the University of Cambridge (2007). His Ph.D. dissertation concerned the self-defence against non-state actors and was awarded the Pro Dissertatione Iuridica Excellentissima Award, given to the best legal PhD dissertation in 2013-2014 by the Hungarian Academy of Sciences. Dr. Kajtár was a Visiting Researcher at Harvard Law School in the academic year 2015/2016, a Leibniz Fellow at the Max Planck Institute in Heidelberg in 2017, and a Visiting Fellow at the Lauterpacht Centre in 2019. Dr. Kajtár has been the coach of ELTE Jessup Team since 2009 and the ELTE Telders Team since 2016. In 2019 his team won the Jessup World Championship Final in Washington DC.Basak Çali is Professor of International Law at the Hertie School and Co-Director of the School's Centre for Fundamental Rights. She is an expert in international law and institutions, international human rights law, and policy. She has authored publications on theories of international law, the relationship between international law and domestic law, standards of review in international law, interpretation of human rights law, legitimacy of human rights courts, and implementation of human rights judgments. She is the Chair of the European Implementation Network and a Fellow of the Human Rights Centre of the University of Essex. She has acted as a Council of Europe expert on the European Convention on Human Rights since 2002. She has extensive experience in training members of the judiciary and lawyers across Europe in the field of human rights law. She received her PhD in International Law from the University of Essex in 2003.Marko Milanovic is Professor of Public International Law at the University of Nottingham School of Law and Co-Director of its Human Rights Law Centre. He is co-editor of EJIL: Talk!, the blog of the European Journal of International Law, as well as a member of the EJIL's Editorial Board. Professor Milanovic was formerly Vice-President and member of the Executive Board of the European Society of International Law. He held visiting professorships at Michigan Law School, Columbia Law School, Deakin Law School, the University of the Philippines College of Law, and the Geneva Academy of International Humanitarian Law and Human Rights.

• 1: Gábor Kajtár, Basak Çali, and Marko Milanovic: Introduction: Secondary Rules of Primary ImportancePart 1 - Standard of Review in International Law2: Eyal Benvenisti: Explaining Variations in Standards of Review in International Adjudication3: Vladyslav Lanovoy: Standards of Review in the Practice of International Courts and Tribunals4: Lukasz Gruszczynski: Saving Regulatory Space for States through the Standard of Review: A Case Study of Tobacco control-related International Disputes5: Katalin Sulyok: Science, Legitimacy, and the Judicial Function: A Need for More Intrusive Standards of ReviewPart 2 - Causation in International Law6: Alice Ollino: A Missed Secondary Rulea Causation in the Breach of Preventive and Due Diligence Obligations?7: Martin Jarrett: Depolluting the Doctrine on Causation in International Investment Law: The Case for Extracting Legal Causation8: Catherine E. Gascoigne: A Priori Causal Inferences in the Law of the World Trade OrganizationPart 3 - Evidentiary rules in International Law9: Tilmann Altwicker and Alexandra Ellen Hansen: Presumptions as Secondary Rules in the Judicial Interpretation of International Human Rights10: Basak Çali: Proving Bad Faith in International Law: Lessons from the Article 18 Case law of the European Court of Human Rights11: Christopher Lentz: The Evidentiary Implications of a Party s Non-Participation in the ProceedingsPart 4 - Attribution in International Law12: Marko Milanovic: State Acquiescence or Connivance in the Wrongful Conduct of Third Parties in the Jurisprudence of the European Court of Human Rights13: Christina Binder and Stephan Wittich: A Comparison of the Rules of Attribution in the Law of State Responsibility, State Immunity, and Custom14: Jure Zrilic: Untangling the Relationship between Attribution and Due Diligence in Investment Law and Beyond15: Gábor Kajtár: Fragmentation of Attribution in International Law

This book has risen brilliantly to the challenge of confronting the complex and under-researched questions raised by the secondary rules of international law of state responsibility. Deconstructing the implicit hierarchy between primary norms and the rules that serve to implement them by showing how the latter can, through the way adjudicators implement them, shape the former is a timely project, a quarter of a century after the finalization of the ILC's articles on States' responsibility but also after the proliferation of jurisdictional mechanisms that have become their primary operators. To find out whether these rules are general - or why they are not - is a remarkably original and fruitful angle to reflect on the legitimacy of the jurisdictional decisions that specify them and their impact on the coherence of international law.