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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.27 Duration of the Breach

Jean Salmon

From: The Law of International Responsibility

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

Responsibility of states — Diplomatic protection — Wrongful acts — Diplomatic relations — European Court of Human Rights (ECtHR)
Under article 2 of the ILC Articles on State Responsibility: There is an internationally wrongful act of a State when conduct consisting of an action or omission: (a) … (b) constitutes a breach of an international obligation of the State. What is the moment when—all the constitutive elements of a wrongful act being assembled—the breach begins? When does the breach end? When these moments are determined, the duration of the breach can be defined, as can the time of the perpetration of the wrongful act. The practical consequences of these questions on the...
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