Circumstances Precluding Wrongfulness
Principles of Shared Responsibility in International Law - An Appraisal of the State of the Art (André Nollkaemper and Ilias Plakokefalos eds., Cambridge University Press 2014, Forthcoming).
37 Pages Posted: 18 Mar 2014
Date Written: February 03, 2014
This contribution to the volume "Principles of Shared Responsibility in International Law - An Appraisal of the State of the Art" (André Nollkaemper and Ilias Plakokefalos eds., Cambridge UP 2014) assesses how the circumstances precluding wrongfulness set forth in Articles 20-27 of the 2001 Articles on State Responsibility and the 2011 Articles on the Responsibility of International Organizations of the International Law Discussion cope with situations of "shared responsibility", i.e. in particular when multiple states and/or IOs try to rely on the circumstances in order to exonerate themselves for prima facie wrongful conduct. The contribution unearthes conceptual challenges for the application of the circumstances in such circumstances and pleads for a re-conceptualisation of the regime of "defences" which distinguishes between circumstances which genuinely justify conduct and circumstances which would only work as "excuses".
Keywords: State Responsibility, International Law Commission, Circumstances Precluding Wrongfulness, Justifications, Excuses, Defences
JEL Classification: K33, K42
Suggested Citation: Suggested Citation