State Responsibility before International and Domestic Courts: The Impact and Influence of the ILC Articles

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9780199687572: State Responsibility before International and Domestic Courts: The Impact and Influence of the ILC Articles

The law of state responsibility is one of the cornerstones of the modern international legal system, regulating how a state can be held accountable for breaching its obligations under international law, and what consequences that breach may have. The International Law Commission's Articles on State Responsibility were endorsed by the UN General Assembly in 2001. They were designed as an influential attempt to codify and progressively develop this fundamental part of international law. Although they have not been further formalised in a treaty, they have gained considerable prominence and many provisions are now regarded as customary international law.

This book is a study of the instances in which the Articles have been cited and referred to by international courts and tribunals, other international quasi-judicial bodies, and domestic courts. It provides a detailed assessment of the Articles' current status and the contribution they have made to the development of international law in this area. The book consists of 59 discrete sections, each corresponding to the 59 individual provisions of the International Law Commission's Articles. It provides key extracts from all the relevant cases, alongside background information, as well as critical commentary, particularly in relation to those decisions which reject or are inconsistent with the International Law Commission's approach as reflected in the Articles.

The book comprehensively draws together all relevant, publicly available decisions of international courts and tribunals referring to the Articles, alongside many domestic decisions. It gives readers a full understanding of the extent to which individual provisions of the Articles have been judicially cited and relied upon. This makes it a valuable resource and research tool for legal practitioners, scholars, and students working on the function of state responsibility in international law.

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About the Author:

Simon Olleson, Barrister, 13 Old Square Chambers

Simon Olleson is a barrister at 13 Old Square Chambers, specialising in international law. He was previously a Fellow of the Lauterpacht Centre for International Law in Cambridge and the British Institute of International and Comparative Law. He has published widely on international law and co-edited The Law of International Responsibility (OUP, 2010).

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