Part III The Sources of International Responsibility, Ch.33.1 Circumstances Precluding Wrongfulness in the ILC Articles On State Responsibility: Consent
Affef Ben Mansour
Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett (Assistant)
- Vienna Convention on the Law of Treaties — Circumstances precluding wrongfulness — Reparations — Responsibility of states — Customary international law — General principles of international law — Peremptory norms / ius cogens — Lex specialis — Self-defence — Necessity — Paramilitary groups — Armed attack — Countermeasures
Consent of a victim State is one of the circumstances susceptible to precluding wrongfulness of an act included in the ILC Articles. Article 20 ARSIWA states: valid consent by a State to the commission of a given act by another State precludes the wrongfulness of that act in relation to the former State to the extent that the act remains within the limits of that consent. That this principle exists can be demonstrated by reference to many examples in practice. It often happens that States consent to another State committing an act which, without consent, would...