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The law of state responsibility is one of the cornerstones of the modern international legal system, regulating when a state can be held accountable for breaching its obligations under international law, and the consequences of such a breach. The International Law Commission's Articles on Responsibility of States for Internationally Wrongful Act were adopted in 2001 and subsequently endorsed by the UN General Assembly. They are an influential attempt to codify andprogressively develop this fundamental part of international law. Although they have not been further formalised in a treaty, they have gained considerable prominence and many provisions are now regarded as representing customary international law. This book is a study of the instances in which the Articles have been cited and referred to by international courts and tribunals, other international quasi-judicial bodies, and domestic courts. It provides a detailed assessment of the Articles' current status and the contribution they have made to the development of international law in this area. The book consists of an introduction, and 59 discrete sections, corresponding to the 59 individual provisions of the International Law Commission'sArticles. It provides key extracts from all relevant publicly available cases, alongside background information, key texts, as well as critical commentary, particularly in relation to those decisions which reject or are inconsistent with the approach suggested by the International Law Commission asreflected in the Articles. The book comprehensively draws together all relevant, publicly available decisions of international courts and tribunals referring to the Articles, alongside many relevant domestic decisions. It gives readers a full understanding of the extent to which individual provisions of the Articles have been judicially cited and relied upon. This makes it a valuable resource and research tool for legal practitioners, scholars, and students working on the topic of state responsibility in internationallaw.
Inhaltsverzeichnis
Introduction: The Influence and Impact of the ILC's Articles on Responsibility of States for Internationally Wrongful Acts; Reproduction of the Text of the Articles on Responsibility of States for Internationally Wrongful Acts; Part One - 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 Two - 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 Three - The Implementation of the International Responsibility of a State; 9 Invocation of the Responsibility of a State; 10 Countermeasures; Part Four - General Provisions; Appendix 1: Relevant Resolutions of the General Assembly
Über den Autor / die Autorin
Simon Olleson is a barrister at 13 Old Square Chambers, specialising in international law. He was previously a Fellow of the Lauterpacht Centre for International Law in Cambridge and the British Institute of International and Comparative Law. He has published widely on international law and co-edited The Law of International Responsibility (OUP, 2010).
Zusammenfassung
The law of state responsibility is one of the cornerstones of the modern international legal system, regulating when a state can be held accountable for breaching its obligations under international law, and the consequences of such a breach. The International Law Commission's Articles on Responsibility of States for Internationally Wrongful Act were adopted in 2001 and subsequently endorsed by the UN General Assembly. They are an influential attempt to codify and
progressively develop this fundamental part of international law. Although they have not been further formalised in a treaty, they have gained considerable prominence and many provisions are now regarded as representing customary international law.
This book is a study of the instances in which the Articles have been cited and referred to by international courts and tribunals, other international quasi-judicial bodies, and domestic courts. It provides a detailed assessment of the Articles' current status and the contribution they have made to the development of international law in this area. The book consists of an introduction, and 59 discrete sections, corresponding to the 59 individual provisions of the International Law Commission's
Articles. It provides key extracts from all relevant publicly available cases, alongside background information, key texts, as well as critical commentary, particularly in relation to those decisions which reject or are inconsistent with the approach suggested by the International Law Commission as
reflected in the Articles.
The book comprehensively draws together all relevant, publicly available decisions of international courts and tribunals referring to the Articles, alongside many relevant domestic decisions. It gives readers a full understanding of the extent to which individual provisions of the Articles have been judicially cited and relied upon. This makes it a valuable resource and research tool for legal practitioners, scholars, and students working on the topic of state responsibility in international
law.
