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

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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.

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Editorial Reviews

From the Publisher
"...Crawford has combined his unique insight and experience with a valuable collection of primary sources and analytical tools to produce an indispensable guide not only the ILC articles, but to the foundational area of state responsibility in general." The American Journal of International Law

"Researchers will appreciate the well-constructed index, which indexes more than thirty concepts under the heading 'Words and Phrases Defined.' Its detailed listings permit readers to zero in on concepts such as continuing wrongful acts, invocation of responsibility, and collective obligations. In short, although researchers have Web access to much of the primary material in this book, its added features make it a worthwhile purchase for libraries with international law interests." Law Library Journal

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Product Details

  • ISBN-13: 9780521013895
  • Publisher: Cambridge University Press
  • Publication date: 8/28/2007
  • Edition description: New Edition
  • Pages: 424
  • Sales rank: 1,118,690
  • 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
Introduction 1
Responsibility of States for Internationally Wrongful Acts
Pt. 1 The Internationally Wrongful Act of a State
Article 1 Responsibility of a state for its internationally wrongful acts 77
Article 2 Elements of an internationally wrongful act of a State 81
Article 3 Characterization of an act of a State as internationally wrongful 86
Article 4 Conduct of organs of a State 94
Article 5 Conduct of persons or entities exercising elements of governmental authority 100
Article 6 Conduct of organs placed at the disposal of a State by another State 103
Article 7 Excess of authority or contravention of instructions 106
Article 8 Conduct directed or controlled by a State 110
Article 9 Conduct carried out in the absence or default of the official authorities 114
Article 10 Conduct of an insurrectional or other movement 116
Article 11 Conduct acknowledged and adopted by a State as its own 121
Article 12 Existence of a breach of an international obligation 125
Article 13 International obligation in force for a State 131
Article 14 Extension in time of the breach of an international obligation 135
Article 15 Breach consisting of a composite act 141
Article 16 Aid or assistance in the commission of an internationally wrongful act 148
Article 17 Direction and control exercised over the commission of an internationally wrongful act 152
Article 18 Coercion of another State 156
Article 19 Effect of this Chapter 159
Article 20 Consent 163
Article 21 Self-defence 166
Article 22 Countermeasures in respect of an internationally wrongful act 168
Article 23 Force majeure 170
Article 24 Distress 174
Article 25 Necessity 178
Article 26 Compliance with peremptory norms 187
Article 27 Consequences of invoking a circumstance precluding wrongfulness 189
Pt. 2 Content of the International Responsibility of a State
Article 28 Legal consequences of an internationally wrongful act 192
Article 29 Continued duty of performance 194
Article 30 Cessation and non-repetition 196
Article 31 Reparation 201
Article 32 Irrelevance of internal law 207
Article 33 Scope of international obligations set out in this Part 209
Article 34 Forms of reparation 211
Article 35 Restitution 213
Article 36 Compensation 218
Article 37 Satisfaction 231
Article 38 Interest 235
Article 39 Contribution to the injury 240
Article 40 Application of this Chapter 245
Article 41 Particular consequences of a serious breach of an obligation under this Chapter 249
Pt. 3 The Implementation of the International Responsibility of a State
Article 42 Invocation of responsibility by an injured State 255
Article 43 Notice of claim by an injured State 261
Article 44 Admissibility of claims 264
Article 45 Loss of the right to invoke responsibility 266
Article 46 Plurality of injured States 270
Article 47 Plurality of responsible States 272
Article 48 Invocation of responsibility by a State other than an injured State 276
Article 49 Object and limits of countermeasures 284
Article 50 Obligations not affected by countermeasures 288
Article 51 Proportionality 294
Article 52 Conditions relating to resort to countermeasures 297
Article 53 Termination of countermeasures 301
Article 54 Measures taken by States other than an injured State 302
Pt. 4 General Provisions
Article 55 Lex specialis 306
Article 56 Questions of State responsibility not regulated by these articles 309
Article 57 Responsibility of an international organization 310
Article 58 Individual responsibility 312
Article 59 Charter of the United Nations 314
App. 1 Drafting History 315
App. 2 Draft Articles on State Responsibility Provisionally Adopted by the International Law Commission on First Reading (1996) 348
App. 3 Table of Equivalent Articles 366
Select bibliography 368
Index 381
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