The ILC's Articles on Responsibility of States for Internationally Wrongful Acts: Completion of the Second Reading

Crawford, James, Olleson, Simon, & Peel, Jacqueline (2001) The ILC's Articles on Responsibility of States for Internationally Wrongful Acts: Completion of the Second Reading. European Journal of International Law, 12(5), pp. 963-992.

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Abstract

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. This article reviews the final group of changes to the text, focusing on the definitions of ‘injury’ and ‘damage’, assurances of non&hyphen;repetition in the light of the <it>LaGrand</it> case, procedural aspects of countermeasures and the controversy over measures taken in response to a breach by states which are not individually injured. The focus of debate now turns to the UNGA Sixth Committee, which will have to decide what to make of the Draft Articles. The ILC itself recommended an initial resolution taking note of the Articles, with subsequent consideration (after a period of years) of a possible diplomatic conference with a view to concluding a convention. This modest proposal allows for further reflection on the text and may help to avoid possibly divisive and inconclusive debate in the Sixth Committee. At the same time it allows time for better understanding of the many changes made as compared with the first reading text (1996).

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ID Code: 23230
Item Type: Journal Article
Refereed: Yes
Additional Information: Articles free to read on journal website after 12 months
ISSN: 0938-5428
Deposited On: 17 Jun 2009 13:46
Last Modified: 04 Feb 2015 04:12

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