The International Law Commission's Draft Articles on State Responsibility: Part 1, Articles 1-35, المجلد 1Martinus Nijhoff Publishers, 29/05/1991 - 380 من الصفحات This volume contains a consolidated reproduction of Part One (articles 1 to 35) of the Draft Article on State Responsibility and their important Commentaries, prepared by the International Law Commission in the period ending in 1980. These articles deal with the origin of international responsibility, including general principles, the act of State, breach of an international obligation, and circumstances precluding wrongfulness. They were drawn up on the basis of eight reports submitted by the Special Rapporteur, Professor, now Judge Roberto Ago. An introduction written by Shabtai Rosenne traces the history of the official codification of the topic of State Responsibility since the League of Nations first broached the matter in 1924. State Responsibility is central to the daily practice of international law, and its systematic treatment is central to the codification process. The International Law Commission is continuing work on the topic. In the meantime, the articles of Part One, now concentrated for the first time in a single volume, are the major starting point for this work. This volume will be of great value to practitioners, teachers and students of international law. Shabtai Rosenne was a member of the International Law Commission from 1962 to 1971, when the basic decisions regarding the approach to the current phase of the work were taken. |
ما يقوله الناس - كتابة مراجعة
لم نعثر على أي مراجعات في الأماكن المعتادة.
المحتوى
Preface | 1 |
The United Nations 19471989 | 16 |
Chapter I | 38 |
Possibility that every State may be held to have committed an internationally | 46 |
Characterization of an act of a State as internationally wrongful | 54 |
Attribution to the State of the conduct of its organs | 61 |
Attribution to the State of the conduct of other entities empowered to exer | 79 |
vii | 80 |
Attribution to the State of the act of an insurrectional movement which | 143 |
Chapter III | 150 |
Existence of a breach of an international obligation | 162 |
Requirement that the international obligation be in force for the State | 171 |
International crimes and international delicts | 179 |
1977 Report | 207 |
Breach of an international obligation requiring the adoption of a particular | 215 |
Exhaustion of local remedies | 234 |
Attribution to the State of the conduct of persons acting on behalf of | 85 |
1975 Report | 93 |
Attribution to the State of conduct of organs acting outside their competence | 105 |
Conduct of persons not acting on behalf of the State | 114 |
Conduct of organs of another State | 127 |
Conduct of organs of an insurrectional movement | 135 |
1978 Report | 255 |
Breach of an international obligation to prevent a given event | 264 |
Moment and duration of the breach of an international obligation by an act | 272 |
Moment and duration of the breach of an international obligation to prevent | 280 |
عبارات ومصطلحات مألوفة
according action adopted application arbitral arising Assembly attribution authority basis breach caused chapter circumstances claim codification commentary Commission committed Committee completed concerning conclusion conduct Conference conformity consequences consideration considered constitutes continuing Convention course Court crimes damage decision determination discussion distinction document draft draft articles droit effect elements established et seq event example exercise existence expressed fact force foreign given Government ibid importance imposed individuals injury insurrectional international law international obligation international responsibility internationally wrongful act matter means measures meeting movement nature necessary necessity occurred official omission opinion organs paragraph particular persons position possible practice precluding prepared present principle protection question recognized referred regard relating remedies resolution respect result rules session situation Special specific taken term territory third tion tional topic treaty United Nations writers Yearbook