The International Law Commission's Articles on State Responsibility: Introduction, Text and CommentariesIn 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.).--Publisher description. |
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 |
381 | |
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Common terms and phrases
2001 DC Report actions or omissions aid or assistance application arising article 19 article 48 assurances and guarantees attributable award Barcelona Traction Chapter circumstance precluding wrongfulness claim coerced commentary to article Commission committed compensation concerned constitute continuing wrongful acts countermeasures Crawford customary international law damage decision Draft Articles effect example Factory at Chorzów force majeure forms of reparation full reparation Gabčíkovo-Nagymaros Project Government Human Rights I.C.J. Reports Ibid injured interest International Arbitrations international community International Court international law International Law Commission international obligation international responsibility internationally wrongful act invoke responsibility involve Islamic Republic jurisdiction LaGrand Law of Treaties legal consequences necessity Nicaragua obligation breached paragraph paras particular parties peremptory norms person or entity preclude the wrongfulness Preliminary Objections principle protection Rainbow Warrior referred relation relevant Republic of Iran restitution serious breach situation specific take countermeasures territory United Kingdom United Nations Vienna Convention violation wrongful conduct Yearbook