We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 05 August 2012
It is one thing to define a rule and the content of the obligation it imposes, and another to determine whether that obligation has been violated and what should be the consequences.
Crawford, The International Law Commission's Articles on State Responsibility, Cambridge, 2002
Gray, Judicial Remedies in International Law, Oxford, 1987
Higgins, Problems and Process, Oxford, 1994, pp. 146–68
Oppenheim. Oppenheim's International Law, 9th edn, London, 1992, pp. 499–511 and 528–54
Shaw, International Law, 5th edn, Cambridge, 2003, pp. 694–721
A state is responsible in international law for conduct in breach of its international obligations. Although the International Law Commission (ILC) began studying the subject in 1956, it was not until 2001 that it produced its final draft Articles (‘the Articles’) on the Responsibility of States for Internationally Wrongful Acts. The UN General Assembly circulated them in 2001. In A/RES/59/35 (2004), the General Assembly commended the draft Articles without prejudice to the question of any further action on them (such as adopting the Articles as a treaty), invited Members to comment on future action, and decided to consider the matter again in 2007.
The law of state responsibility is customary international law. Unlike state immunity, which has been developed largely by domestic legislation and domestic courts, state responsibility is pre-eminently an area of international law developed by state practice and international judgments, of which numerous examples are referred to in the ILC's Commentary on the Articles.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
