Sixth Committee (Legal) — 71st session Responsibility of States for internationally wrongful acts (Agenda item 74) Authority: resolution 68/104 Documentation

Articles on the Responsibility of States for Internationally Wrongful Acts, General Commentary, ILC Yearbook 2001/II (2) 31 ('ARSIWA Commentary') 93, para.

31Because it is considered the most adequate way to reach the objective of full reparation, art. 35 ARSIWA postulates the primacy of restitution, 32 codifying the famous dictum of the Permanent Court of International Justice (hereafter, PCIJ) in Factory at Chorzow. 33 Restitution aims at United Nations - Office of Legal Affairs Thus various modalities of satisfaction continue to be used in modern state practice, and this is reflected in ARSIWA Article 37 and its commentary. A number of ancillary questions remain. It is sometimes suggested that an affront to the honour of a state or intention to harm are preconditions for a demand for satisfaction, but this is very doubtful.

CHAPTER I GENERAL PRINCIPLES. Article l Responsibility of a State for its internationally wrongful acts . Every internationally wrongful act of a State entails the international responsibility of that State. Law Commission (ILC) Commentary to the ARSIWA, attribution of conduct should be 11 See Nollkaemper, ‘Introduction’, n. 1, at ___, and further Nollkaemper and Jacobs, ‘Shared Responsibility in 2.1.1 Shared responsibility in the ARSIWA and ARIO The ARSIWA address the question of whether a particular tate or particular tates are s s responsible for a particular act. They leave open the questions of whether such responsibility is exclusive or shared, and how … 2019-11-18 A/Res/56/83 (ARSIWA), Commentary to Article 40 [4]. 10 ILC, 4th Report (2019) [94].

with commentaries 2001 Text adopted by the International Law Commission at its fifty-third session, in 2001, and submitted to the General Assembly as a part of the Commission’s report covering the work of that session (A/56/10). The report, which also contains commentaries on the draft articles, appears in the Yearbook of the International Law

(ARSIWA).1 Today, unilateral targeted sanctions present a dilemma of growing signiﬁcance: On the one hand, they have become a preferred choice for states because they are not as costly as comprehensive embargoes for the industry of the targeting state; impose fewer costs on civilian populations in terms of life, health, and well- Between 1998 and 2000, it reviewed the entire text and adopted a new draft of the Articles that was submitted to the comments of Governments, following the examination of which, during its The commentary to Article 16 of the ARSIWA states that the aid or assistance must facilitate the commission of the wrongful act: 108 ‘There is no requirement that the aid or assistance should have been essential to the performance of the internationally wrongful act; it is sufficient if it contributed significantly to that act.’ 109 However, the ILC also recognized that ‘assistance may have been only an incidental factor in the commission of the primary act, and may have contributed Law Commission (ILC) Commentary to the ARSIWA, attribution of conduct should be 11 See Nollkaemper, ‘Introduction’, n. 1, at ___, and further Nollkaemper and Jacobs, ‘Shared Responsibility in 2015-06-16 · While the term shared responsibility is not invoked in either the ARSIWA or ARIO, the commentary to the latter refers to ‘joint responsibility’. This term is understood as referring to any ‘case where an international organization is responsible for a given wrongful act together with one or more other entities, either international organizations or States’. Responsibility of States for Internationally Wrongful Acts.

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The Islamic 18 Jul 2013 Commission's Articles on State Responsibility: Introduction, Text and Commentaries (Cambridge, 2002) and is essential reading for scholars 3 May 2013 180 ILC, ARSIWA, Art. 23, Commentary § 5 referring to cases where a “State aircraft was forced, due to damage or loss of control of the aircraft The International Law Commission's Articles On State Responsibility: Introduction , Text and Commentaries [Crawford, James] on Amazon.com. *FREE* shipping Summary. 23 and 25) provide for (temporary) derogation from treaty obligations Summary. 673 strict minimum; it has to allow for legal certainty and tionally wrongful act in connection with the conduct of an interna- tional organization.” 13. General Commentary to the DARIO, see note 1, para. 5; regarding the.

It does not apply to obligations of reparation to the extent that these arise towards or 55 See ARSIWA Arts. 42 and 48. Invocation of responsibility is understood as encompassing formal measures such as the commencement of proceedings before an international court or tribunal: ARSIWA Commentary, supra note 1, at 117; Crawford, supra note 7, at 255–6; B. Cheng, supra note 39, at 236. 12 ‘State Responsibility, General Commentary’ (ARSIWA Commentary) 2(2) ILC Yearbook (2001) 31, Art. 16(6); see also Gardner, ‘Complicity and Causality’, 1 Criminal Law and Philosophy (2007) 127. 13 Ago, ‘Le Délit International’, 68 Recueil des Cours (1939) 419, at 523. 14 H. Aust, Complicity and the Law of State Responsibility (2011). A/Res/56/83 (ARSIWA), Commentary to Article 40 [4].
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(1956 ), pp. 17 ARSIWA, Commentary to Article 37, para.
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1997), http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_1996. pdf. 65. ARSIWA, supra note 3, art. 5 commentary, ¶ 6. 66. Summary Records of the

In other words, for each member of the plurality, attribution and breach must be determined separately, in line with the The completed ARSIWA and extensively developed draft articles on international organizations furnish a detailed statement of rules in the field of responsibility. The commentary adopted by the ILC in connection with these drafting projects and the observations of States The commentary to Article 5 clarifies that it is intended to encompass the activities of private entities exercising elements of governmental authority in place of state organs, as well as those of formerly state-owned corporations that retain certain public or regulatory functions following 2021-01-28 2020-04-23 These are not separate obligations, but forms or expressions of the secondary duty to make full reparation. 31Because it is considered the most adequate way to reach the objective of full reparation, art. 35 ARSIWA postulates the primacy of restitution, 32 codifying the famous dictum of the Permanent Court of International Justice (hereafter, PCIJ) in Factory at Chorzow.

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Between 1998 and 2000, it reviewed the entire text and adopted a new draft of the Articles that was submitted to the comments of Governments, following the examination of which, during its

Firstly, the commentary to ARSIWA’s Article 15 does not refer to acts as those of such the present case.

av G Juhlin · 2020 — Artikel 24 ARSIWA. 56. Bao & Behrens (2019) s. 166–167. 57. Draft articles on Responsibility of States for Internationally Wrongful Acts, with commentaries,

The Commentary on the Draft Articles of 2001 clearly indicates that this justification is exceptional in a number of respects. 1 Jun 2020 The ARSIWA and the Commentary by the ILC on both Article 4 and 8 are silent on which one takes precedence if there is a conflict between the 30 Oct 2020 In this year's Updated Commentary to the Third Geneva Convention, convey only an 'entitle[ment]' (Art 48(1)(b) ARSIWA) or 'legal interest' 8 Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), [ 2001] II(2) Y.B. Int'l L. Comm. 26 [hereinafter ARSIWA]; Commentary to the SUMMARY OF ARGUMENTS.

3 & art. 54 (2001) [hereinafter ARSIWA and ARSIWA Commentary]. The ARSIWA Commentary clarifies that the name “owed to the international community as a whole” was preferred over erga omnes in order to avoid confusion “with obligations owed to all the parties to a treaty.” The completed ARSIWA and extensively developed draft articles on international organizations furnish a detailed statement of rules in the field of responsibility. The commentary adopted by the ILC in connection with these drafting projects and the observations of States Commentary (1) The purpose of the present articles is to formulate rules of international law on the topic of jurisdictional immunities of States and their property. (2) Article 1 indicates the subject matter to which the articles should apply. In any given situation in which the question of State immunity may arise, a few basic no- Commentary to the Articles on the Responsibility of States for Internationally Wrongful Acts, ILC Yearbook. 2001/II(2) (ARSIWA Commentary); Commentary to the Articles on the Responsibility of International Organizations, ILC Report on the work of its sixty-third session, UNGAOR 66th Sess., Supp.