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Part III The Sources of International Responsibility, Ch.25 Source of the Obligation

Yumi Nishimura

From: The Law of International Responsibility

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

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 June 2024

Responsibility of states — Wrongful acts — Lex specialis
Until relatively recent times, there has been little discussion of the question whether the source of an obligation breached has bearing on the applicable regime of responsibility. For example, if the obligation breached derives from a bilateral or multilateral treaty, a rule of general international law, a general principle of international law, a general principle of law, or a unilateral act, does this difference in source somehow influence the regime of responsibility? Of course it is possible for special self-contained regimes of responsibility for particular...
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