In the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. These include explorations of the general theory of state responsibility (link between ’primary’ and ’secondary’ rules, the place of due diligence, the link between liability and wrongfulness), the consequences of an internationally wrongful act (nature of remedies, suitability of countermeasures, third states and the shift from bilateralism to community interests in the law of state responsibility), the debate over criminalizing state responsibility, and the continuing relevance of the law of injuries to aliens. The collection also contains a series of essays offering critical perspectives on state responsibility, including feminist and developing world perspectives. It is completed by an extensive and up-to-date bibliography.
Table of Contents
Contents: Historical Evolution: The transformation of the law of state responsibility, Y. Matsui. General Theory of International Responsibility: 'Primary' and 'secondary' rules in the law of state responsibility: categorizing international obligations, J. Combacau and D. Alland; The due diligence rule and the nature of the international responsibility of states, Riccardo Pisillo-Mazzeschi; State responsibility and international liability for injurious consequences of acts not prohibited by international law: a necessary distinction?, Alan E. Boyle. Consequences of an Internationally Wrongful Act: Is there an international law of remedies?, Christine Gray; Counter-measures as interim measures, James Crawford; Third state remedies in international law, Jonathan I. Charney; Bilateralism and community interest in the law of state responsibility, Bruno Simma; The consequences of an international wrong in international and national law, F.A. Mann. Criminalizing State Responsibility: Criminalizing state responsibility, Krystyna Marek; Can a state commit a crime? Definitely, yes!, Alain Pellet. Injuries to Aliens: State responsibility for the nationalization of foreign owned property, Eduardo Jiménez de Aréchaga; State contracts with aliens: contemporary developments on compensation for termination or breach, Derek William Bowett. Critical Perspectives on State Responsibility: International law and the Third World, A.A. Fatouros;A critique of the public/private dimension, Christine Chinkin; The international law of state responsibility: revolution or evolution?, Pierre-Marie Dupuy; State responsibility and the unmaking of international law, Philip Allott. Annexes:1996 ILC draft articles on state responsibility; 2001 UN articles on the responsibility of states for internationally wrongful acts of states. Select bibliography; Name index.
’The final adoption in 2001 of the ILC's Articles on Responsibility of States for Internationally Wrongful Acts makes this collection of essays even more relevant. Â It canvasses a range of the concerns and issues that confronted the ILC, and does so in an interesting and historically informed way.’ James Crawford, Whewell Professor of International Law, University of Cambridge. Director Lauterpacht Research Centre for International Law, Cambridge, UK