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The International Law Commission's Articles on State Responsibility
Introduction, Text and Commentaries
Offering definitions of breaches of international law and the consequences of such breaches.
James Crawford (Author)
9780521013895, Cambridge University Press
Paperback, published 17 January 2002
424 pages
22.9 x 15.4 x 2.6 cm, 0.65 kg
'… after 50 years of effort, the completion of the ILC's project represents a significant and necessary … step toward the advancement of a developed system of the international rule of law, and the contribution of James Crawford providing the final impetus is to be welcomed.' Netherlands Quarterly of Human Rights
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.).
Preface
Note on sources and style
List of abbreviations
Table of cases
Introduction
Responsibility of States for Internationally Wrongful Acts: Part I. The Internationally Wrongful Act of a State: 1. General principles
2. Attribution of conduct to a state
3. Breach of an international obligation
4. Responsibility of a state in connection with the act of another state
5. Circumstances precluding wrongfulness
Part II. Content of the International Responsibility of a State: 6. General principles
7. Reparation for injury
8. Serious breaches of obligations under peremptory norms of general international law
Part III. The Implementation of the International Responsibility of a State: 9. Invocation of the responsibility of a state
10. Countermeasures
Part IV. General Provisions
Appendix 1: drafting history
Appendix 2: Draft articles on state responsibility provisionally adopted by the International Law Commission on first reading (1996)
Appendix 3: table of equivalent articles
Select bibliography
Index.
Subject Areas: International arbitration [LBHT], International courts & procedures [LBHG], Settlement of international disputes [LBH], Treaties & other sources of international law [LBBC], International law [LB], United Nations & UN agencies [JPSN1]