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Preface | ||
Note on sources and style | ||
List of abbreviations | ||
Table of cases | ||
Introduction | 1 | |
Responsibility of States for Internationally Wrongful Acts | ||
Pt. 1 | The Internationally Wrongful Act of a State | |
Article 1 | Responsibility of a state for its internationally wrongful acts | 77 |
Article 2 | Elements of an internationally wrongful act of a State | 81 |
Article 3 | Characterization of an act of a State as internationally wrongful | 86 |
Article 4 | Conduct of organs of a State | 94 |
Article 5 | Conduct of persons or entities exercising elements of governmental authority | 100 |
Article 6 | Conduct of organs placed at the disposal of a State by another State | 103 |
Article 7 | Excess of authority or contravention of instructions | 106 |
Article 8 | Conduct directed or controlled by a State | 110 |
Article 9 | Conduct carried out in the absence or default of the official authorities | 114 |
Article 10 | Conduct of an insurrectional or other movement | 116 |
Article 11 | Conduct acknowledged and adopted by a State as its own | 121 |
Article 12 | Existence of a breach of an international obligation | 125 |
Article 13 | International obligation in force for a State | 131 |
Article 14 | Extension in time of the breach of an international obligation | 135 |
Article 15 | Breach consisting of a composite act | 141 |
Article 16 | Aid or assistance in the commission of an internationally wrongful act | 148 |
Article 17 | Direction and control exercised over the commission of an internationally wrongful act | 152 |
Article 18 | Coercion of another State | 156 |
Article 19 | Effect of this Chapter | 159 |
Article 20 | Consent | 163 |
Article 21 | Self-defence | 166 |
Article 22 | Countermeasures in respect of an internationally wrongful act | 168 |
Article 23 | Force majeure | 170 |
Article 24 | Distress | 174 |
Article 25 | Necessity | 178 |
Article 26 | Compliance with peremptory norms | 187 |
Article 27 | Consequences of invoking a circumstance precluding wrongfulness | 189 |
Pt. 2 | Content of the International Responsibility of a State | |
Article 28 | Legal consequences of an internationally wrongful act | 192 |
Article 29 | Continued duty of performance | 194 |
Article 30 | Cessation and non-repetition | 196 |
Article 31 | Reparation | 201 |
Article 32 | Irrelevance of internal law | 207 |
Article 33 | Scope of international obligations set out in this Part | 209 |
Article 34 | Forms of reparation | 211 |
Article 35 | Restitution | 213 |
Article 36 | Compensation | 218 |
Article 37 | Satisfaction | 231 |
Article 38 | Interest | 235 |
Article 39 | Contribution to the injury | 240 |
Article 40 | Application of this Chapter | 245 |
Article 41 | Particular consequences of a serious breach of an obligation under this Chapter | 249 |
Pt. 3 | The Implementation of the International Responsibility of a State | |
Article 42 | Invocation of responsibility by an injured State | 255 |
Article 43 | Notice of claim by an injured State | 261 |
Article 44 | Admissibility of claims | 264 |
Article 45 | Loss of the right to invoke responsibility | 266 |
Article 46 | Plurality of injured States | 270 |
Article 47 | Plurality of responsible States | 272 |
Article 48 | Invocation of responsibility by a State other than an injured State | 276 |
Article 49 | Object and limits of countermeasures | 284 |
Article 50 | Obligations not affected by countermeasures | 288 |
Article 51 | Proportionality | 294 |
Article 52 | Conditions relating to resort to countermeasures | 297 |
Article 53 | Termination of countermeasures | 301 |
Article 54 | Measures taken by States other than an injured State | 302 |
Pt. 4 | General Provisions | |
Article 55 | Lex specialis | 306 |
Article 56 | Questions of State responsibility not regulated by these articles | 309 |
Article 57 | Responsibility of an international organization | 310 |
Article 58 | Individual responsibility | 312 |
Article 59 | Charter of the United Nations | 314 |
App. 1 | Drafting History | 315 |
App. 2 | Draft Articles on State Responsibility Provisionally Adopted by the International Law Commission on First Reading (1996) | 348 |
App. 3 | Table of Equivalent Articles | 366 |
Select bibliography | 368 | |
Index | 381 |
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