The International Law Commission's Articles on State Responsibility: Introduction, Text and Commentaries

Front Cover
Cambridge University Press, 2002 - Law - 387 pages
In 2001 the International Law Commission completed its work on State responsibility, begun 40 years previously. The Articles on Responsibility of States for Internationally Wrongful Acts marks a major step in the codification and progressive development of international law, comparable in significance to the Vienna Convention on the Law of Treaties. The Articles cover such topics as attributing conduct to the State; defining when there has been a breach of international law and the excuses or justifications for breaches; reparation for injustices, the invocation of responsibility, especially standing of States in the public interest, and the rules relating to countermeasures. The Articles develop basic concepts of international law, in particular peremptory norms and obligations to the international community as a whole. They signal definitively how international law has moved away from a purely bilateral conception of responsibility to accommodate categories of general public interest (human rights, the environment etc.).
 

Contents

INTRODUCTION by James Crawford
35
Text of Articles Adopted by the Commission
60
ATTRIBUTION OF CONDUCT TO A STATE
91
BREACH OF AN INTERNATIONAL OBLIGATION
124
Existence of a breach of an international obligation
125
International obligation in force for a State
131
Extension in time of the breach of an international obligation
135
Breach consisting of a composite act
141
Compensation
218
121
227
Satisfaction
231
Interest
235
Contribution to the injury
240
SERIOUS BREACHES OF OBLIGATIONS UNDER PEREMPTORY NORMS OF GENERAL INTERNATIONAL LAW
242
Application of this Chapter
245
Particular consequences of a serious breach of an obligation under this Chapter
249

RESPONSIBILITY OF A STATE IN CONNECTION WITH THE ACT OF ANOTHER STATE
145
Aid or assistance in the commission of an internationally wrongful act
148
Direction and control exercised over the commission of an internationally wrongful act
152
Coercion of another State
156
Effect of this Chapter
159
CIRCUMSTANCES PRECLUDING WRONGFULNESS
160
Consent
163
Selfdefence
166
Countermeasures in respect of an internationally wrongful act
168
Force majeure
170
Distress
174
Necessity
178
114
181
Compliance with peremptory norms
187
Consequences of invoking a circumstance precluding wrongfulness
189
PART TWO CONTENT OF THE INTERNATIONAL RESPONSIBILITY OF A STATE CHAPTER I GENERAL PRINCIPLES
191
Legal consequences of an internationally wrongful act
192
Continued duty of performance
194
Cessation and nonrepetition
196
Reparation
201
Irrelevance of internal law
207
Scope of international obligations set out in this Part
209
REPARATION FOR INJURY
211
116
212
Restitution
213
PART THREE THE IMPLEMENTATION OF THE INTERNATIONAL RESPONSIBILITY OF A STATE CHAPTER I INVOCATION OF THE RES...
254
Invocation of responsibility by an injured State
255
Notice of claim by an injured State
261
Admissibility of claims
264
Loss of the right to invoke responsibility
266
Plurality of injured States
270
Plurality of responsible States
272
Invocation of responsibility by a State other than an injured State
276
COUNTERMEASURES
281
Object and limits of countermeasures
284
Obligations not affected by countermeasures
288
Proportionality
294
Conditions relating to resort to countermeasures
297
Termination of countermeasures
301
Measures taken by States other than an injured State
302
PART FOUR GENERAL PROVISIONS Article 55 Lex specialis
306
Questions of State responsibility not regulated by these articles
309
Responsibility of an international organization
310
Individual responsibility
312
Charter of the United Nations
314
DRAFTING HISTORY
315
DRAFT ARTICLES ON STATE RESPONSIBILITY
348
TABLE OF EQUIVALENT ARTICLES
366
Index
381
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