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Still Going Strong: Twenty Years of the Articles on State Responsibility’s ‘Paradoxical’ Relationship between Form and Authority

The year after the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) were completed, David Caron wrote an insightful piece decrying the ‘paradoxical relationship’…

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The impact and influence of the Articles on State Responsibility on the work of the International Law Commission and beyond

The International Law Commission’s (ILC or Commission) decision, 20 years ago, to suggest the General Assembly (UNGA) to simply “take note” of the draft articles on State Responsibility,…

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The ILC’s work on State responsibility: personal reflections

In 1995, the English version of the Commentary on the UN Charter I had organized and edited at the initiative and with the support of the German Foreign…

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The ILC Articles at 20: Introduction to the Symposium

The Articles on the Responsibility of States for Internationally Wrongful Acts (Articles), developed by the International Law Commission (ILC), turn 20 this year. On 9 August 2001 –…

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Crippling Compensation in the Law of State Responsibility

Is there an exception to the principle of full reparation in international law of State responsibility for cases where full compensation is ‘crippling’ for the responsible State or…

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On the ILC, professional background, gender and positivism: A Rejoinder to Jan Klabbers

In “Codification by Interpretation”: The International Law Commission as an Interpreter of International Law, I argue that the United Nations (‘UN’) International Law Commission (‘ILC’) interprets international…

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Is the International Law Commission Elevating Subsequent Agreements and Subsequent Practice?

At its most recent (70th) session, the International Law Commission adopted two important sets of “restatements” on two important sources of international law on second reading, namely the…

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Global Pact for the Environment: Defragging international law?

A ‘defrag’ computer program that consolidates fragmented files on a hard drive holds metaphorical attraction for international lawyers. Our encounters with international law often seem to be specific…

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70 Years of the International Law Commission: Drawing a Balance for the Future

This post, and its sister post on OpinioJuris, mark the start of the seventieth session of the International Law Commission. Under the theme “70 years of…

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Security Council Resolutions as Evidence of Customary International Law

In 2012 the International Law Commission began to address one of the last major uncodified areas of public international law: how norms of customary law (CIL) are…

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