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The Application of the Articles on Responsibility of States for Internationally Wrongful Acts in the WTO Regime

In this short post, I consider the unique application of the International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) to the…

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The Articles on Responsibility of States for Internationally Wrongful Acts and the making of international investment law

In modern international law, the relationship between state responsibility and the protection of foreigners and their property is one of cross-fertilization and even common origin. When in 1924…

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Strengthening the rule of law in time of war: An IHL perspective on the present and future of the Articles on State Responsibility

International humanitarian law is one of the oldest areas of international law. As such, it was unsurprisingly a key source for the International Law Commission in its work…

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Articles on Responsibility of States for Internationally Wrongful Acts and Human Rights Practice

How should we consider the relationship between the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) and human rights practice over the past 20 years? Provocative…

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The Tenacity of the Articles on State Responsibility as a General and Residual Framework: An Appraisal

The twenty-year old Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) are considered one of the cornerstones of international law and they are widely…

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State Responsibility and Privatisation: Accommodating Private Conduct in a Public Framework

One of the foundations of modern international law is the separation of an international realm in which state public activity is regulated from the realm of commercial markets…

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Protecting Community Interests: Solidarity Measures within the State Responsibility Regime?

The ultimate test to assess any new development of international law is simple: has it made the world a better place? In 2001, the invisible college of international…

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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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