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

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

by James Crawford, United Nations, Crawford James
     
 

ISBN-10: 0521013895

ISBN-13: 9780521013895

Pub. Date: 08/28/2007

Publisher: Cambridge University Press

The International Law Commission's Articles, adopted in 2001, mark a major step in international law. They define when there has been a breach of international law and the consequences of such breaches. They show how international law now allows for categories of general public interest-- human rights, the environment, etc... Including a full introduction, the text of…  See more details below

Overview

The International Law Commission's Articles, adopted in 2001, mark a major step in international law. They define when there has been a breach of international law and the consequences of such breaches. They show how international law now allows for categories of general public interest-- human rights, the environment, etc... Including a full introduction, the text of the Articles and commentary, plus a guide to the legislative history, a detailed index and table of cases, this volume will be an indispensable accompaniment to the ILC's work on this vital topic.

Product Details

ISBN-13:
9780521013895
Publisher:
Cambridge University Press
Publication date:
08/28/2007
Edition description:
New Edition
Pages:
424
Product dimensions:
5.98(w) x 8.98(h) x 0.94(d)

Table of Contents

Preface
Note on sources and style
List of abbreviations
Table of cases
Introduction1
Responsibility of States for Internationally Wrongful Acts
Pt. 1The Internationally Wrongful Act of a State
Article 1Responsibility of a state for its internationally wrongful acts77
Article 2Elements of an internationally wrongful act of a State81
Article 3Characterization of an act of a State as internationally wrongful86
Article 4Conduct of organs of a State94
Article 5Conduct of persons or entities exercising elements of governmental authority100
Article 6Conduct of organs placed at the disposal of a State by another State103
Article 7Excess of authority or contravention of instructions106
Article 8Conduct directed or controlled by a State110
Article 9Conduct carried out in the absence or default of the official authorities114
Article 10Conduct of an insurrectional or other movement116
Article 11Conduct acknowledged and adopted by a State as its own121
Article 12Existence of a breach of an international obligation125
Article 13International obligation in force for a State131
Article 14Extension in time of the breach of an international obligation135
Article 15Breach consisting of a composite act141
Article 16Aid or assistance in the commission of an internationally wrongful act148
Article 17Direction and control exercised over the commission of an internationally wrongful act152
Article 18Coercion of another State156
Article 19Effect of this Chapter159
Article 20Consent163
Article 21Self-defence166
Article 22Countermeasures in respect of an internationally wrongful act168
Article 23Force majeure170
Article 24Distress174
Article 25Necessity178
Article 26Compliance with peremptory norms187
Article 27Consequences of invoking a circumstance precluding wrongfulness189
Pt. 2Content of the International Responsibility of a State
Article 28Legal consequences of an internationally wrongful act192
Article 29Continued duty of performance194
Article 30Cessation and non-repetition196
Article 31Reparation201
Article 32Irrelevance of internal law207
Article 33Scope of international obligations set out in this Part209
Article 34Forms of reparation211
Article 35Restitution213
Article 36Compensation218
Article 37Satisfaction231
Article 38Interest235
Article 39Contribution to the injury240
Article 40Application of this Chapter245
Article 41Particular consequences of a serious breach of an obligation under this Chapter249
Pt. 3The Implementation of the International Responsibility of a State
Article 42Invocation of responsibility by an injured State255
Article 43Notice of claim by an injured State261
Article 44Admissibility of claims264
Article 45Loss of the right to invoke responsibility266
Article 46Plurality of injured States270
Article 47Plurality of responsible States272
Article 48Invocation of responsibility by a State other than an injured State276
Article 49Object and limits of countermeasures284
Article 50Obligations not affected by countermeasures288
Article 51Proportionality294
Article 52Conditions relating to resort to countermeasures297
Article 53Termination of countermeasures301
Article 54Measures taken by States other than an injured State302
Pt. 4General Provisions
Article 55Lex specialis306
Article 56Questions of State responsibility not regulated by these articles309
Article 57Responsibility of an international organization310
Article 58Individual responsibility312
Article 59Charter of the United Nations314
App. 1Drafting History315
App. 2Draft Articles on State Responsibility Provisionally Adopted by the International Law Commission on First Reading (1996)348
App. 3Table of Equivalent Articles366
Select bibliography368
Index381

Read More

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >