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18 - The Law of State Responsibility

from Part III - The Impact of the ICJ’s Jurisprudence

Published online by Cambridge University Press:  18 May 2023

By
Federica Paddeu
Edited by
Carlos Espósito  and
Kate Parlett
Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
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Summary

The chapter considers the ICJ’s contribution to the law of State responsibility, looking back to the Court’s contribution to the codification of that law by the ILC: looking at the Court’s current attitude to the ILC’s Articles on State Responsibility; and looking to the future, addressing one of the main challenges facing the Court in this field, that of multilateral disputes. The author concludes that the Court has been an important player in this field of international law, and it has made a significant contribution to vesting the ILC Articles with the authority they have today. According to this chapter, the Court has an important role to play going forwards in the growth and development of community interest litigation for the enforcement of erga omnes obligations.

Keywords

State responsibilityArticles on the Responsibility of States for Internationally Wrongful Actswrongfulnessreparationmultilateral disputeserga omnes obligations
Type
Chapter
Information
The Cambridge Companion to the International Court of Justice , pp. 411 - 430
Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Bordin, F. L., ‘State Responsibility in Advisory Proceedings: Thoughts on Judicial Propriety and Multilateralism in the Chagos Opinion’ in Burri, T. and Trinidad, J. (eds.), Decolonization and the International Court of Justice: New Directions from the Chagos Advisory Opinion (Cambridge University Press, 2021) 95.Google Scholar
Crawford, J., ‘The International Court of Justice and the Law of State Responsibility’ in Tams, C. J. and Sloane, R. D. (eds.), The Development of International Law by the International Court of Justice (Oxford University Press, 2013) 71.Google Scholar
Higgins, R., ‘Issues of State Responsibility before the International Court of Justice’ in Fitzmaurice, M. and Sarooshi, D. (eds.), Issues of State Responsibility before International Judicial Institutions (Bloomsbury, 2004) 1.Google Scholar
Tams, C. J., ‘Law-Making in Complex Processes: The World Court and the Modern Law of State Responsibility’ in Chinkin, C. M. and Baetens, F. (eds.), Sovereignty, Statehood and State Responsibility: Essays in Honour of James Crawford (Cambridge University Press, 2015) 287.Google Scholar
Urs, P., ‘Obligations Erga Omnes and the Question of Standing Before the International Court of Justice’ 34(2) Leiden Journal of International Law (2021) 505.CrossRefGoogle Scholar

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