The International Law Commission's Draft Articles on State Responsibility: Part 1, Articles 1-35, Volumen1

Portada
Martinus Nijhoff Publishers, 1991 M05 29 - 380 páginas
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.
 

Comentarios de la gente - Escribir un comentario

Crítica de los usuarios - Marcar como inadecuado

draft articles de 1980, sirven? articulo 12

Páginas seleccionadas

Contenido

Preface
1
The United Nations 19471989
16
THE INTERNATIONAL LAW COMMISSIONS DRAFT ARTICLES Part
30
Chapter 1
37
Responsibility of a State for its internationally wrongful acts
43
Elements of an internationally wrongful act of a State
49
Chapter II
58
Attribution to the State of the conduct of other entities empowered to exer
79
Conduct of organs of an insurrectional movement
135
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

vii
80
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
Exhaustion of local remedies
234
1978 Report
255
Breach of an international obligation to prevent a given event
263
Moment and duration of the breach of an international obligation by an act
269
Moment and duration of the breach of an international obligation to prevent
280
Derechos de autor

Términos y frases comunes

Información bibliográfica