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Chapter 5: Articles on the Responsibility of States for Internationally Wrongful Acts

Chapter 5: Articles on the Responsibility of States for Internationally Wrongful Acts

pp. 64-75

Authors

Edited by Jan Klabbers, University of Helsinki
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Summary

UN GENERAL ASSEMBLY RESOLUTION A/RES/56/83

‘Taken Note’: 12 December 2001

In Force: Not applicable

PART ONE THE INTERNATIONALLY WRONGFUL ACT OF A STATE 66

CHAPTER I GENERAL PRINCIPLES 66

  • Article l Responsibility of a State for its internationally wrongful acts 66

  • Article 2 Elements of an internationally wrongful act of a State 66

  • Article 3 Characterization of an act of a State as internationally wrongful 66

  • CHAPTER II ATTRIBUTION OF CONDUCT TO A STATE 66

  • Article 4 Conduct of organs of a State 66

  • Article 5 Conduct of persons or entities exercising elements of governmental authority 66

  • Article 6 Conduct of organs placed at the disposal of a State by another State 66

  • Article 7 Excess of authority or contravention of instructions 67

  • Article 8 Conduct directed or controlled by a State 67

  • Article 9 Conduct carried out in the absence or default of the official authorities 67

  • Article 10 Conduct of an insurrectional or other movement 67

  • Article 11 Conduct acknowledged and adopted by a State as its own 67

  • CHAPTER III BREACH OF AN INTERNATIONAL OBLIGATION 67

  • Article 12 Existence of a breach of an international obligation 67

  • Article 13 International obligation in force for a State 67

  • Article 14 Extension in time of the breach of an international obligation 67

  • Article 15 Breach consisting of a composite act 68

  • CHAPTER IV RESPONSIBILITY OF A STATE IN CONNECTION WITH THE ACT OF ANOTHER STATE 68

  • Article 16 Aid or assistance in the commission of an internationally wrongful act 68

  • Article 17 Direction and control exercised over the commission of an internationally wrongful act 68

  • Article 18 Coercion of another State 68

  • Article 19 Effect of this chapter 68

  • CHAPTER V CIRCUMSTANCES PRECLUDING WRONGFULNESS 69

  • Article 20 Consent 69

  • Article 21 Self-defence 69

  • Article 22 Countermeasures in respect of an internationally wrongful act 69

  • Article 23 Force majeure 69

  • Article 24 Distress 69

  • Article 25 Necessity 69

  • Article 26 Compliance with peremptory norms 70

  • Article 27 Consequences of invoking a circumstance precluding wrongfulness 70

  • PART TWO CONTENT OF THE INTERNATIONAL RESPONSIBILITY OF A STATE 70

    CHAPTER I GENERAL PRINCIPLES 70

  • Article 28 Legal consequences of an internationally wrongful act 70

  • Article 29 Continued duty of performance 70

  • Article 30 Cessation and non-repetition 70

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