This chapter discusses the basis and character of state responsibility, attribution to the state, breach of an international obligation, and circumstances precluding wrongfulness. This chapter focuses on the articulation of the law of responsibility through the ILC’s Articles on Responsibility of States for Internationally Wrongful Acts.
Chapter
25. The conditions for international responsibility
Chapter
7. State responsibility
This chapter discusses the international law of responsibility as primarily reflected in the 2001 International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts. It opens in Section 7.2 with an overview of some of the core principles and elements of state responsibility for wrongful acts. Section 7.3 discusses the issue of state attribution before Section 7.4 examines joint and collective responsibility. Section 7.5 discusses the various circumstances that may preclude the wrongfulness of conduct otherwise in violation of a (primary) legal obligation. Section 7.6 looks into the consequences of state responsibility while Section 7.7 discusses who may be entitled to invoke state responsibility. Section 7.8 examines the rules on diplomatic protection and Section 7.9 provides a brief overview of the responsibility of international organizations.
Chapter
7. State responsibility
This chapter discusses the international law of responsibility as primarily reflected in the 2001 International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts. It opens in Section 7.2 with an overview of some of the core principles and elements of state responsibility for wrongful acts. Section 7.3 discusses the issue of state attribution before Section 7.4 examines joint and collective responsibility. Section 7.5 discusses the various circumstances that may preclude the wrongfulness of conduct otherwise in violation of a (primary) legal obligation. Section 7.6 looks into the consequences of state responsibility while Section 7.7 discusses who may be entitled to invoke state responsibility. Section 7.8 examines the rules on diplomatic protection and Section 7.9 provides a brief overview of the responsibility of international organizations.
Chapter
12. International State Responsibility for Wrongful Acts
Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà
The chapter begins by discussing the history of the codification of the law of State responsibility. It then considers the current regulation of State responsibility, by distinguishing the ‘ordinary’ legal regime and the ‘aggravated’ State responsibility, and goes on to explore the main differences between the two regimes. It focuses on the elements of the internationally wrongful act, particularly on the attribution of conduct to a State and the relevance of fault and damage. In addition, it examines the circumstances which preclude wrongfulness and the consequences of the internationally wrongful act (with particular reference to the obligation to provide reparation).