Unity and Diversity in the Law of State Responsibility
UNITY AND DIVERSITY IN INTERNATIONAL LAW: pp. 435-458, Zimmerman, Hofmann, eds., Berlin 2005
25 Pages Posted: 5 Jun 2009
Date Written: 2005
The UN International Law Commission's text on State Responsibility purport to lay down general, yet residual, rules governing internationally wrongful acts and their consequences. This paper assess to what extent special regimes of responsibility (such as human rights law, WTO law or international humanitarian law) accept the ILC's understanding of responsibility, and to what extent their special approaches are reflected in the ILC's text. It argues that the 2001 Articles on State Responsibility, by avoiding over-specificíty, have managed to achieve a form of 'unity light'.
Keywords: state responsibility, fragmentation of international law, International Law Commission
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