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The topic of state responsibility was one of the first 14 areas provisionally selected for the ILC's attention in 1949. [7] When the ILC listed the topic for codification in 1953, "state responsibility" was distinguished from a separate topic on the "treatment of aliens", reflecting the growing view that state responsibility encompasses the breach of an international obligation.
Lecture entitled The International Law Commission's Articles on State Responsibility: Past and Future by James Crawford in the Lecture Series of the United Nations Audiovisual Library of International Law "United Nations Documents on the Development and Codification of International Law", October 1947; Eckstein, Gabriel E. (2007).
The convention is modelled heavily on the United Nations Convention Against Torture. "Enforced disappearance" is defined in Article 2 of the Convention as the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge ...
ILC Articles on State Responsibility (2001) James Richard Crawford , AC , SC , FBA (14 November 1948 [ 3 ] – 31 May 2021 [ 4 ] ) [ 5 ] [ 6 ] was an Australian academic and practitioner in the field of public international law .
They allow all states to invoke a state responsibility that another state incurred because of its unlawful actions if "the obligation breached is owed to the international community as a whole". The ILC refers directly in its comments to the article to the erga omnes principle and to the ICJ's acceptance of it in the Barcelona Traction case. [9]
The Basic Principles and Guidelines prescribe that victims of human rights abuses have a right to reparation. This right derives from the general principle of the law on State Responsibility that a wrongful act arising from a breach of an international obligation gives rise to an obligation to make reparation. [3]
Caron's articles include the following: 'The Alien Tort Statute: An Overview of Current Issues' (2010) 28 Berkeley Journal of International Law (with Richard M. Buxbaum) 'The ILC Articles on State Responsibility: The Paradoxical Relationship between Form and Authority' (2002) 96(4) The American Journal of International Law 857
By a vote of 14 to 1, the court found that Italy was obliged, by a means of its own choosing, to render void the decisions of its courts infringing the state immunity due to Germany. [23] Dissenting Judge Bennouna said there was a difference between state immunity and state responsibility. Granting immunity does not exonerate one from ...