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THE DRAFT ARTICLES ON THE RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS

THE DRAFT ARTICLES ON THE RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS Since its establishment, the International Law Commission has been working on drawing up a set of draft articles on State responsibility, one of the fundamental areas of international law. In the course of this work, it successively appointed F.V GarciaAmador (1956-1961), RobertoAgo (1963-1979), Willem Riphagen (1979- 1986), Gaetano Arangio-Ruiz (1987-1996) and for the second reading text James R. Crawford (1997-2001) as Special Rapporteurs. In 1996, the Commission completed the first reading of the draft articles which were submitted to States for comments and observations. In the light of these comments and observations and of the reports drawn up by James Crawford, based on developments in State practice, judicial decisions and doctrine, the Commission completed the second reading of the text. On 31 May 2001, the Plenary of the Commission adopted the draft articles on second reading with the only exception of two provisions dealing with assurances and guarantees of non-repetition. Thus, after more than 45 years of discussion, the Commission eventually succeeded in accomplishing its work on State responsibility.2The Commission was certainly aware that the text achieved did not only constitute a codification stricto sensu, but contained also elements of progressive development. However, even as to these elements, it http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Austrian Review of International and European Law Online Brill

THE DRAFT ARTICLES ON THE RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
1573-6512
DOI
10.1163/157365100X00066
Publisher site
See Article on Publisher Site

Abstract

Since its establishment, the International Law Commission has been working on drawing up a set of draft articles on State responsibility, one of the fundamental areas of international law. In the course of this work, it successively appointed F.V GarciaAmador (1956-1961), RobertoAgo (1963-1979), Willem Riphagen (1979- 1986), Gaetano Arangio-Ruiz (1987-1996) and for the second reading text James R. Crawford (1997-2001) as Special Rapporteurs. In 1996, the Commission completed the first reading of the draft articles which were submitted to States for comments and observations. In the light of these comments and observations and of the reports drawn up by James Crawford, based on developments in State practice, judicial decisions and doctrine, the Commission completed the second reading of the text. On 31 May 2001, the Plenary of the Commission adopted the draft articles on second reading with the only exception of two provisions dealing with assurances and guarantees of non-repetition. Thus, after more than 45 years of discussion, the Commission eventually succeeded in accomplishing its work on State responsibility.2The Commission was certainly aware that the text achieved did not only constitute a codification stricto sensu, but contained also elements of progressive development. However, even as to these elements, it

Journal

Austrian Review of International and European Law OnlineBrill

Published: Jan 1, 2002

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