1887

Materials on the Responsibility of States for Internationally Wrongful Acts

image of Materials on the Responsibility of States for Internationally Wrongful Acts
The present collection of materials reproduces the text of the State responsibility articles, with commentaries thereto, as presented in the Yearbook of the International Law Commission, together with the compilation of decisions recording 154 instances in which international courts, tribunals and other bodies referred to the articles and commentaries during the period from 1973 to 1996 when the draft articles were adopted on first reading, from 1996 to their adoption on second reading in 2001, and up to 31 January 2010.

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The internationally wrongful act of a state: general principles

Article 1 states the basic principle underlying the articles as a whole, which is that a breach of international law by a State entails its international responsibility. An internationally wrongful act of a State may consist in one or more actions or omissions or a combination of both. Whether there has been an internationally wrongful act depends, first, on the requirements of the obligation which is said to have been breached and, secondly, on the framework conditions for such an act, which are set out in Part One. The term “international responsibility” covers the new legal relations which arise under international law by reason of the internationally wrongful act of a State. The content of these new legal relations is specified in Part Two.

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