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The Law of International Responsibility. Edited by James Crawford, Alain Pellet, and Simon Olleson. Oxford, New York: Oxford University Press, 2010. Pp. lxv, 1296. Index. $495.

Published online by Cambridge University Press:  20 January 2017

Sean D. Murphy
Sean D. Murphy*
Affiliation:
George Washington University Law School
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Type
Recent Books on International Law
Information
American Journal of International Law , Volume 106 , Issue 4 , October 2012 , pp. 885 - 890
Copyright
Copyright © American Society of International Law 2012

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References

1 Draft Articles on Responsibility of States for Internationally Wrongful Acts [hereinafter 2001 Draft Articles on State Responsibility], in Report of the International Law Commission on the Work of Its Fifty-Third Session, UN Gaor, 56th Sess., Supp. No. 10, at 43, UN Doc. A/56/10 (2001), reprinted in [2001] 2 Y.B. Int’l L. Comm’N 26, UN Doc. A/CN.4/SER.A/ 2001/Add. 1 (Part 2) [hereinafter ILC Fifty-Third Session Report].

2 Draft Articles on Prevention of Transboundary Harm from Hazardous Activities, in ILC Fifty-Third Session Report, supra note 1, at 370.

3 Draft Principles on the Allocation of Loss in the Case of Transboundary Harm Arising out of Hazardous Activities: General Commentary, in Report of the International Law Commission on the Work of Its Fifty-Eighth Session, UN Gaor, 61st Sess., Supp. No. 10, at 106, UN Doc. A/61/10 (2006) [hereinafter ILC Fifty-Eighth Session Report].

4 See Report of the International Law Commission on the Work of Its Fifty-Sixth Session, UN Gaor, 59th Sess., Supp. No. 10, at 160, UN Doc. A/59/10 (2004).

5 Draft Articles on Diplomatic Protection, in ILC Fifty-Eighth Session Report, supra note 3, at 16.

6 A further Commission project completed in 2006 concerned not the responsibility of states for breach of an international obligation but, rather, the way in which that obligation may be formed through a unilateral declaration of a state. See Guiding Principles Applicable to Unilateral Declarations of States Capable of Creating Legal Obligations, in ILC Fifty-Eighth Session Report, supra note 3, at 367.

7 Draft Articles on the Responsibility of International Organizations, in Report of the International Law Commission on the Work of Its Sixty-Third Session, UN Gaor, 66th Sess., Supp. 10, at 54, UN Doc. A/66/10 (2011).

8 Id. at 70.

9 See, e.g., GA Res. 56/83, para. 3 (Dec. 12, 2001); GA Res. 59/35, para. 1 (Dec. 2, 2004) (taking note of and commending to the attention of governments the 2001 Draft Articles on State Responsibility); see also Crawford, James & Olleson, Simon, The Continuing Debate on a UN Convention on State Responsibility, 54 Int’l & Comp. L.Q. 959 (2005)CrossRefGoogle Scholar.

10 James Crawford, the International Law Commission’s Articles on State Responsibility: Introduction, Text and Commentaries (2002).

11 James Crawford, Les Articles De La C.D.I. Sur La Responsabilite De L’Etat: Introduction, Texte Et Commentaires (2003).

12 James Crawford, Los Artículos de la Comisión de Derecho Internacional sobre la Responsabilidad internacional del Estado: Introducción, texto y comentarios (2004).

13 A professor at the Université de Paris Ouest Nanterre la Défense, Pellet was a member of the Commission throughout the period described above, only leaving its service in 2011. Olleson served as an assistant to Crawford in the summer of 2001 during the Commission’s final consideration and adoption of the 2001 draft articles on state responsibility and at present is a barrister in London.

14 Because the volume was published in 2010 prior to the final adoption of the articles on the responsibility of international organizations, it focuses on the Commission’s draft articles adopted on first reading in 2009, not the final version produced in 2011.

15 Declaration of the Government of the Democratic and Popular Republic of Algeria, Jan. 19, 1981, Art. 11(2), reprinted in 1 Iran-U.S. Cl. Trib. Rep. 9 (1983).

16 Those able to do so may wish to refer to the French version of the book published by Pedone in 2010.

17 None of the contributors appears to be native to the Americas.

18 In Case No. A27, the Tribunal found that the United States violated the Algiers Accords by failing to enforce in U.S. courts a Tribunal award in favor of Iran against a U.S. national. The Tribunal ordered the United States to pay approximately $5 million in compensation.

19 Iran v. United States (Case No. A15 (I:Q), 25 Iran-U.S. Cl. Trib. Rep. 247 (1990).

20 Iran v. United States (Case No. A15 (II:A, II:B)), 28 Iran-U.S. Cl. Trib. Rep. 112 (1992).

21 Iran v. United States (Case No. A15 (I:G)), 12 Iran-U.S. Cl. Trib. Rep. 40 (1986).

22 See George H. Aldrich, The Jurisprudence of the Iran-United States Claims Tribunal: an Analysis of the Decisions of the Tribunal 497 (1996).

23 Sharpe, Jeremy K., Iran-United States Claims Tribunal, in The Rules, Practice, and Jurisprudence of International Courts and Tribunals 545, 554 (Giorgetti, Chiara ed., 2012)CrossRefGoogle Scholar.

24 Id. at 553-54.

25 For example, in 1996 the Tribunal issued an award in Case No. B36 concerning a U.S. claim for amounts due from Iran under a World War Ii military surplus property sales agreement. The Tribunal found Iran liable for breach of the agreement and ordered Iran to pay the United States more than $21 million in principal and interest. United States v. Iran, 32 Iran-U.S. Ci. Trib. Rep. 162 (1996); United States v. Iran, 33 Iran- U.S. Cl. Trib. Rep. 56 (1997); United States v. Iran, 33 Iran-U.S. Cl. Trib. Rep. 346 (1997).

26 For example, in 1984 the Tribunal issued an award in Case No. B7 concerning an Iranian claim for reimbursement of advance payments that had been made by the Atomic Energy Organization of Iran to the U.S. government pursuant to two uranium enrichment services contracts. The Tribunal found the United States liable and ordered it to pay nearly $8 million to Iran, plus interest. Atomic Energy Organization of Iran v. United States, 6 Iran-U.S. Cl. Trib. Rep. 141 (1984); Atomic Energy Organization of Iran v. United States, 12 Iran- U.S. Cl. Trib. Rep. 25 (1986). In Case No. Bl (Claim 4), the Tribunal found the United States liable to pay compensation for certain Iranian military properties that the United States refused to transfer to Iran after the Iranian revolution, Iran v. United States, 19 Iran-U.S. Cl. Trib. Rep. 273 (1988), leading to a settlement in which the United States paid Iran $278 million. Iran v. United States, 27 Iran-U.S. Cl. Trib. Rep. 282 (1991).