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Disobeying the Security Council or a disobedient Security Council? The effects of jus cogens on Security Council resolutions in recent debates of the ILC and in the views of states

At the most recent plenary session of the International Law Commission, which concluded on 5 August 2022, one issue proved particularly controversial. Indeed, it proved so controversial that…

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General Principles of Law Formed Within the International Legal System?

Article 38(1)(c) of the Statute of the International Court of Justice provides that one of the sources of international law is the general principles of law. This…

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Still Losing: A Short History of Women in Elections (and By-Elections) for the UN International Law Commission

On 12 November 2021, the UN General Assembly held the sixteenth regular election for the International Law Commission (ILC). As the Assembly extended the…

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Codification Illustrated: 70 years of the International Law Commission in pictures

In 2018, a photo exhibition illustrating 70 years of ILC activities was shown in New York and Geneva, and later in Bangkok, The Hague and Washington. In view…

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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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