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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.
The rules of state responsibility are set out in the International Law Commission’s (ILC) Articles on the Responsibility of States for Internationally Wrongful Acts. This chapter introduces the basic features of the ILC’s Articles on State Responsibility, beginning with an explanation of what constitutes an internationally wrongful act. The following section discusses the circumstances precluding wrongfulness that may be invoked by states seeking to avoid responsibility for an internationally wrongful act. The chapter then covers the aftermath of an internationally wrongful act, which can involve legal consequences, such as reparations, as well as countermeasures. This chapter focuses specifically on the responsibility of states, rather than the responsibility of international organizations or individuals.
The rules of state responsibility are set out in the International Law Commission’s (ILC) Articles on the Responsibility of States for Internationally Wrongful Acts. This chapter introduces the basic features of the ILC’s Articles on State Responsibility, beginning with an explanation of what constitutes an internationally wrongful act. The following section discusses the circumstances precluding wrongfulness that may be invoked by states seeking to avoid responsibility for an internationally wrongful act. The chapter then covers the aftermath of an internationally wrongful act, which can involve legal consequences, such as reparations, as well as countermeasures. This chapter focuses specifically on the responsibility of states, rather than the responsibility of international organizations or individuals.
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