Canonical Cross-Referencing in the Making of the Law of International Responsibility
Serena Forlati and Makane Mbengue (eds), The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law (2018 Forthcoming)
23 Pages Posted: 22 Mar 2018
Date Written: March 19, 2018
On the occasion of a volume revisiting the legacy of the 1997 judgement of the International Court of Justice (hereafter ICJ) related to the Gabčíkovo-Nagymaros Project, this chapter examines the symbiotic interactions between the judgment and the commentaries of the Articles on the Responsibility of States for Internationally Wrongful Acts (hereafter ARSIWA). It looks at the extent to which ICJ and the International Law Commission (hereafter the ILC) draws on one another to universalize the modes of argumentation on international responsibility. In doing so, this chapter seeks to shed light on how the modes of argumentation on international responsibility have come to be designed and universalized through a process of canonical cross-referencing between ICJ judgement in the Gabčíkovo-Nagymaros Project and the commentaries of the ARSIWA.
Keywords: International law, sources, State responsibility, International Court of Justice, International Law Commission, self-referentiality, legal argumentation, Gabčíkovo-Nagymaros, state of necessity, counter-measures
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