The Law of International Responsibility
Annexed to GA Resolution 56/83 of 2001, the International Law Commission's Articles on Responsibility for Internationally Wrongful Acts put the international law of responsibility on a sound footing. As Special Rapporteur for the second reading, James Crawford helped steer it to a successful conclusion. With this book, he provides a detailed analysis of the general law of international responsibility and the place of state responsibility in particular within that framework. It serves as a...
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The law of international responsibility plays a fundamental role in the modern system of international law, surpassed by none and paralleled only by the law of treaties. The volume seeks to cover the entirety of the field of international responsibility, with a particular focus on the work of the International Law Commission. It provides detailed discussion and analysis of the historically predominant topics of State responsibility, on which the ILC completed its work in 2001, and the specific sub-topic of diplomatic protection, work on which was completed by the ILC in 2006. However, it also covers both the topic of responsibility of international organizations, on which the ILC's work is ongoing (a set of draft Articles having been adopted on first reading in 2009), and that of liability for harmful activities not prohibited under international law on which the ILC adopted drafts in 2001 and 2006.The volume comprises contributions on specific issues in the international law of responsibility, authored by an international team of specialists in the field, which provides a comprehensive commentary of all aspects of the topic. The chapters are detailed in their coverage, discussing both international jurisprudence and doctrinal controversies, as well as providing a critical assessment of the relevant work of the ILC. In addition to providing detailed consideration of the general secondary rules of international responsibility, coverage is also included of certain specific systems of responsibility and their relationship with the general rules under a number of specialised regimes, in particular under certain human rights treaties, the WTO, and investment protection treaties.
Part I Introduction - Responsibility and International Law 1. The Definition of Responsibility in International Law, Alain Pellet2. The System of International Responsibility, James Crawford3. Primary and Secondary Rules, Eric DavidPart II International Responsibility - Development and Relationship with Other Areas of Law 4. The Development of the Law of Responsibility in the Case Law, Patrick Daillier5. Doctrines of State Responsibility, Martti Koskenniemi6. Private Codification Efforts, Lucie Laithier7. The Hague Conference of 1930, Clementine Bories8. The Work of Garcia-Amador on State Responsibility for Injury Caused to Aliens, Daniel Muller9. The ILC's Articles on State Responsibility, Alain Pellet10. Liability for Injurious Consequences of Acts Not Prohibited by International Law, Alan Boyle11. The Law of Responsibility and the Law of Treaties, Joe Verhoeven12. Responsibility and the United Nations Charter, Vera Gowlland-Debbas13. Leges speciales and Self-Contained Regimes, Bruno Simma & Dirk Pulkowski14. The Emergence of "Soft" Responsibility, Jean-Marc Sorel15. Relations between the International Law of Responsibility and Responsibility in Municipal Law, Pierre-Marie DupuyPart III The Sources of International Responsibility 16. Overview of Part One of the Articles on State Responsibility, Gilbert Guillaume17. The Elements of an Internationally Wrongful Act, Brigitte Stern18. The Rules of Attribution: General Considerations, Luigi Condorelli & Claus Kress19. Attribution of Conduct to the State, Djamchid Momtaz, Gerard Cahin & Olivier de Frouville20. Attribution of Conduct to Multiple States and the Implication of a State in the Act of Another State, Christian Domince21. State Succession and Responsibility, Vaclav Mikulka22. Attribution of Conduct to International Organizations, Pierre Klein23. The Responsibility of Other Entities, Christian Tomuschat, Gerard Cahin & Anna-Karin Lindblom24. Actions and Omissions, Franck Latty25. Source of the Obligation, Yumi Nishimura26. Content of the Obligation: Obligations of Means and Obligations of Result, Constantin Economides27. Duration of the Breach, Jean Salmon28. Relevance of the Inter-temporal Law, Paul Tavernier29. International Crimes of States, James Crawford30. The Character of the Violated Obligation, Antonio Cassese31. The Character of the Breach, Paola Gaeta32. The Notion of Circumstances Precluding Wrongfulness, Sandra Szurek33. Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility, Affef Ben Mansour, Maja Menard, Jean-Marc Thouvenin, Hubert Lesaffre, Sandra Szurek & Sarah Heathcote34. The Concept of Liability in the Absence of an Internationally Wrongful Act, Michel Montjoie35. Allocation of Responsibility for Harmful Consequences of Acts not Prohibited by International Law, Philippe Guttinger36. Obligations of Prevention and the Precautionary Principle, Gerhard Hafner & Isabelle BuffardPart IV The Content of International Responsibility 37. Overview of Part Two of the Articles on State Responsibility, Roslyn Higgins38. The Obligation of Cessation, Olivier Corten39. Assurances and Guarantees of Non-Repetition, Sandrine Barbier40. The Obligation of Reparation, Brigitte Stern41. Interaction Between the Forms of Reparation, Yann Kerbrat42. The Different Forms of Reparation, Christine Gray, John Barker, Elihu Lauterpacht, Eric Wyler & Alain Papaux43. Contribution to the Injury, Anais Moutier-Lopet44. Division of Reparation between Responsible Entities, Alexander Orakhelashvili45. Punitive Damages, Stephan Wittich46. The Obligation of Non-Recognition of an Unlawful Situation, Martin Dawidowicz47. The Obligation of Non-Assistance of the Responsible State, Nina Jorgensen48. The Obligation of Cooperation, Nina Jorgensen49. International Criminal Responsibility of the State, Antoine Ollivier50. The "Transparency" of the State, Rafaelle Maison51. Responsibility for Violations of Human Rights Obligations, Susan Marks, Fiorentina Azizi, Raphaele Rivier, Jean-Paul Costa & Habib Gherari52. Responsibility and the World Trade Organization, Joanna Gomula53. Responsibility and International Environmental Law, Celine Negre54. Other Specific Regimes of Responsibility, Zachary Douglas, Daniel Muller & Drazen Petrovic55. Responsibility in the Context of European Community Law, Jean-Marc Thouvenin56. The "Polluter Pays" Principle, Regis Chemain57. Reparation in the Event of a Circumstance Precluding Wrongfulness, Mathias Forteau58. The Law of the Sea, Gabriel Nakhleh & Mikael Quimbert59. Space Law, Mathias Forteau60. Nuclear Energy, Michel MontjoiePart V The Implementation of International Responsibility 61. Overview of Part Three of the Articles on State Responsibility, James Crawford62. The Concept of an Injured State, Giorgio Gaja63. Plurality of Injured States, Rosaria Huesa Vinaixa64. States having an Interest in Compliance with the Obligation Breached, Giorgio Gaja65. Succession of States in respect of Rights of an Injured State, Vaclav Mikulka66. Invocation of Responsibility by International Organizations, Eglantine Cujo67. Individuals, Christian Tomuschat68. Peoples and Minority Groups, Anne-Laure Vaurs-Chamette69. Corporations, Vaughan Lowe70. The International Community as a Whole, Anne-Laure Vaurs-Chamette71. Notice of Claim by an Injured State, Jacqueline Peel72. Waiver, Acquiescence and Extinctive Prescription, Christian Tams73. Diplomatic Protection, John Dugard74. Functional Protection, Muriel Ubeda-Saillard & Myriam Benlolo-Carabot75. The Diplomatic Channel, Michael Waibel76. Conciliation and Other Forms of Non-Binding Third Party Dispute Settlement, Nadine Susani77. Arbitration, Frederique Coulee78. Resort to International Courts, Gilles Cottereau79. The Definition of Countermeasures, Denis Alland80. Countermeasures in Response to Grave Violations of Obligations owed to the International Community as a Whole, Linos-Alexandre Sicilianos81. Procedural Conditions, Yuji Iwasawa & Naoki Itwatsuki82. Proportionality, Roger O'Keefe83. The Time Factor in the Application of Countermeasures, Maurice Kamto84. Obligations Relating to Human Rights and Humanitarian Law, Simon Olleson & Silvia Borelli85. Obligations Relating to the Use of Force and Deriving from Peremptory Norms of International Law, Charles Leben86. Other Non-Derogable Obligations, Laurence Boisson de ChazournesThe ILC Texts Draft Articles on State Responsibility (as adopted on first reading), 1996Articles on Responsibility of States for Internationally Wrongful Acts, 2001Articles on Diplomatic Protection, 2006Draft Articles on Responsibility of International Organizations (as adopted on first reading), 2009
