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

Part III The Sources of International Responsibility, Ch.17 The Elements of An Internationally Wrongful Act

Brigitte Stern

From: The Law of International Responsibility

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

Subject(s):
Wrongful acts — Reparations — Damages — Responsibility of states — Ultra Vires conduct — Customary international law — State practice — Sovereignty — Lex specialis — Countermeasures
The present Chapter concentrates on the elements of an internationally wrongful act, which will be examined comprehensively: first, the role played by the notion of the internationally wrongful act in the theory of international responsibility will be considered ( Section 1 ), before examining the relationship between its constitutive elements ( Section 2 ). Finally, its two constitutive elements—attribution to a State ( Section 3 ) and breach of an international obligation ( Section 4 )—will be addressed in detail. It is well known that traditionally...
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