See ilc, report of the international law commission on the work of its 54th. Kolb provides an excellent overview of the international law of state responsibility in a text that should be of interest to students of law and international relations. It is the aim of this contribution to demonstrate why it is necessary that international organizations are themselves responsible for their own wrongful acts and why there is and should be only a secondary, rather limited role for member state responsibility, as reflected in the 2011 ilc articles on the responsibility of international organizations. State responsibility in international law 1st edition. Uvadare digital academic repository responsibility of. Caron the adoption by the international law commission ilc in 2001 of its articles on state responsibility is an achievement that. In 2001 the international law commission finally adopted on second reading the draft articles on responsibility of states for internationally wrongful acts and the commentaries thereto, thereby successfully concluding almost half a century of work on the topic by the ilc. Precondition for the existence of the concept of international responsibility of state is the principles related to the notions of state sovereignty and equality of states. Asr articles on state responsibility for internationally wrongful acts 2001. The ilcs articles on responsibility of states for internationally wrongful acts 965. In the wake of the adoption by the international law commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. For full access to this pdf, sign in to an existing account, or purchase an annual subscription. Peel, the ilcs draft articles on state responsibility. State of necessity as a justification for internationally wrongful conduct.
The paradoxical relationship between form and authority by david d. The ilcs first special rapporteur on state responsibility, f. International law commission, articles on state responsibility. Responsibility of international organizations under international law. Focusing primarily on article 17 circumvention, we argue that the attempt to address this particular type of responsibility has forced the ilc to relax the conceptual straightjackets it had opted for in the asr, and has exposed ambiguities in the foundations of the law of international responsibility. Five circumstances may preclude wrongfulness and are listed in the ilc s articles on state responsibility arts. Articles 4 and 8 of the 2001 ilc articles on state. Member state responsibility for the acts of international organizations.
The wrongfulness of an act of a state not in conformity with its international obligations to another state is precluded if and to the extent that the act constitutes a countermeasure directed towards the latter state under the conditions set out in articles 50 47 to 55 48. Attribution of responsibility to states law essays. The goal of the paper is to depict the international responsibility of state as. Annexed to ga resolution 5683 of 2001, the international law commissions articles on responsibility for internationally wrongful acts put the international law of responsibility on a sound footing. Pellet, the ilc s articles on state responsibility for internationally wrongful acts and related texts, p. The general part cambridge studies in international and comparative law james crawford on.
Pdf the international law commissions articles on the. This examination encompasses a discussion and analysis of the international law commissions draft articles on responsibility of states for internationally wrongful acts and its articles 8, 9, 10 and 11. Adp 2006 draft articles of the ilc on diplomatic protection. The ilc decided to create a subcommission of ten members, under the presidency. State responsibility as dealt with in the present articles.
Every internationally wrongful act of a state entails the international responsibility of that state. The issue of the attribution of responsibility to states has emerged as a paradigmatic example of the schism in public international law. Comments and observations of the office of legal affairs. Serpa soares, delivered opening remarks and moderated a side event on the choice of procedure under article 287 of the united nations convention on the law of the sea, organized by the division for ocean affairs and the law of the sea, office of legal affairs, on the margins of the twentyseventh meeting. The ilcs articles on responsibility of states for internationally. The law of state responsibility international law 1. Review the international law of state responsibility.
In 2001 the international law commission finally adopted on second reading the draft articles on responsibility of states for internationally wrongful acts with commentaries, bringing to an end nearly 50 years of ilc work on the subject. The laws of state responsibility are the principles governing when and how a state is held. These establish the secondary obligations that flow from a breach of an independent and preexisting primary obligation. Fourthly, the articles are concerned only with the responsibility of states for internationally wrongful conduct, leaving to one side issues of the responsibility of international organizations or of other non state entities see articles 57, 58. The international law commissions articles on state responsibility. New state responsibility for internationally wrongful acts. Responsibility of states for internationally wrongful acts. Crawford, the ilc s articles on state responsibility. Page1 the law of state responsibility breach by international law subjects of its obligation entails international responsibility sr enunciates the consequences of a breach by international subjects as well as the permissible responses to such breaches discuss on the element of sr and defences available to avoid liability exclude. Article l responsibility of a state for its internationally wrongful acts.
Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding. Attribution of wrongful conduct via effective control as. Introduction, text and commentaries 2002, isbn 05218530. State of necessity as a justification for internationally. This chapter describes notions of responsibility of states, fault, and strict liability. The ilc s articles on responsibility of states for internationally wrongful acts. Comments on ilc draft articles on state responsibility.
I then set forth, in part iii, the constituent elements of necessity as embodied in draft article 33, drawing on the icjs interpretation of it in the recent. Commentary 1 article 1 states the basic principle underlying the articles as a whole, which is that a breach of internation. Draft articles on responsibility of states for internationally wrongful acts, in report of the international law commission on the work of its fiftythird session. Responsibility of international organizations under. Responsibility of a state for its internationally wrongful acts every internationally wrongful act of a state entails the international responsibility of that state. Completion of the second reading article pdf available january 2001 with 1,494 reads how we measure reads. Pdf in 2001 the international law commission finally adopted on second reading the draft articles on responsibility of states for. This paper examines the adequacy of the doctrine of attribution in the international law of state responsibility. This highly readable book examines the law of state responsibility, presenting it as a fundamental aspect of public international law. The state is required to cease the unlawful conduct and to make reparation for the injury caused by its wrongful conduct.
West bank, new state would become liable ilc article 10 duty elements subjective vs objective basis of state responsibility fault 1. There are distinct legal consequences in the case that a state s responsibility is engaged. The problem of the basis and source of a state s international responsibility is one of the most complex in the general theory of international law. Ilc to codify the international law of state responsibility. A list of the numbers and titles of the articles, together with their equivalents in the provisional text 2000 and the. Peel, the ilc s draft articles on state responsibility. Commissions draft articles on the responsibility of international organizations 2011. James crawford, the international law commissions articles on state responsibility. Trail smelter and the international law commissions work. Toward completion of a second reading, 94 ajil 660 2000. Responsibility of states for internationally wrongful acts the united. Various international tribunals have proposed their own tests in order to address this issue of attribution of the conduct of private individuals to state responsibility. Draft articles on responsibility of states for internationally wrongful.
1375 949 1357 1276 356 1285 687 599 1522 525 1511 330 1615 517 383 1498 803 448 367 682 1048 292 257 372 806 1425 738