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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.14 The Concept of ‘Soft Responsibility’?

Jean-Marc Sorel

From: The Law of International Responsibility

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

Subject(s):
Responsibility of states — Wrongful acts — Reparations — Soft law
The question of ‘soft responsibility’ remains largely a doctrinal subject which can only be approached through inferences from scattered and informal practice. The starting postulate is clear: the universe of ‘soft law’ does not have an appropriate form of responsibility—itself ‘soft’—as a matter of positive law. This hypothesis is confirmed by the ILC’s silence: nothing in the ILC Articles supports directly or even indirectly the concept of soft responsibility. Articles 1 and 2 define internationally wrongful acts as actions or omissions attributable to a State...
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