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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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The Draft Articles on “The Protection of Persons in the Event of Disasters”: Towards a Flagship Treaty?

The debate held on 24 - 26 October within the United Nations General Assembly (UNGA) Sixth Committee concluded an intensive year for the International Law Commission (ILC) topic…

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Outcome of 2016 Elections to the International Law Commission + Trivia Questions

On Thursday the United Nations General Assembly (GA) elected the individuals who will serve in the International Law Commission (ILC) for the five year term beginning in 2017. The Commission, which…

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