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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.34 The Concept of Liability in The Absence of an Internationally Wrongful Act

Michel Montjoie

From: The Law of International Responsibility

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

Responsibility of states — Wrongful acts — Reparations — Attribution — Customary international law — Codification
Although the legal regime and mechanisms for State responsibility for internationally wrongful acts are well-established (in practice by international case law and in theory by academic writings as well as the work of the ILC), the notion of a regime of (State) responsibility in the absence of an internationally wrongful act is far from clear: indeed, the very existence of this liability is disputed, at least as a customary principle. Commentators have employed the terms ‘liability without fault’, ‘liability for risk’, ‘objective liability’, ‘causal liability’,...
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