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The Law of International Responsibility edited by Crawford, James; Pellet, Alain; Olleson, Simon; Parlett (Assistant), Kate (20th May 2010)

Part II International Responsibility—Development and Relation with Other Laws, Ch.11 The Law of Responsibility and the Law of Treaties

Joe Verhoeven

From: The Law of International Responsibility

Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett (Assistant)

Reparations — Responsibility of states — Circumstances precluding wrongfulness — Wrongful acts — Treaties, conclusion — Vienna Convention on the Law of Treaties — Treaties, interpretation — Countermeasures — Peremptory norms / ius cogens
As the Tribunal in Rainbow Warrior pointed out, ‘in the international law field there is no distinction between contractual and tortious responsibility’. 1 In his fifth report on State responsibility, Ago explained the absence of such a distinction in ‘the legal order of the international community’ by the non-existence of an ‘instrument like legislation, which is at the same time voluntary and authoritative’. 2 Twenty-five years later, Ago’s view appears to have been endorsed by the ILC in the final text of the Articles on State Responsibility. In the report of...
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