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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Content of the international responsibility of a state: Overview

Whereas Part One of the articles defines the general conditions necessary for State responsibility to arise, Part Two deals with the legal consequences for the responsible State. It is true that a State may face legal consequences of conduct which is internationally wrongful outside the sphere of State responsibility. For example, a material breach of a treaty may give an injured State the right to terminate or suspend the treaty in whole or in part. The focus of Part Two, however, is on the new legal relationship which arises upon the commission by a State of an internationally wrongful act. This constitutes the substance or content of the international responsibility of a State under the articles.

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