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

Part V The Implementation of International Responsibility, Ch.62 The Concept of an Injured State

Giorgio Gaja

From: The Law of International Responsibility

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

Subject(s):
Responsibility of states — Reparations — Recognition of states — BITs (Bilateral Investment Treaties) — Vienna Convention on the Law of Treaties
Chapter 1 of Part Three of the Articles on State Responsibility (ARSIWA) is entitled ‘Invocation of State Responsibility’. While the title suggests that the Chapter is concerned with purely procedural matters, it also addresses the preliminary question of which State has rights or interests corresponding to the obligations of the responsible State. This issue is not addressed elsewhere in ARSIWA, but is resolved implicitly in this Chapter, in relation to matters concerning implementation. In the context of ARSIWA, to say that a State may invoke responsibility...
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