Part III The Sources of International Responsibility, Ch.33.5 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Force Majeure
Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett (Assistant)
Since Roman law, with its principle of ad impossibilia nemo tenetur, force majeure has been a classic cause of exoneration from responsibility in most domestic legal systems. Recognized as a general principle of law by the Court of Justice of the European Community, 1 force majeure occupies an important place in the field of international commerce and State contracts. 2 In the framework of its work on the law of treaties the ILC had already addressed the question of force majeure . Underlining the relationship between the notion of impossibility of performance and...