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Part I Introduction—Responsibility and International Law, Ch.3 Primary and Secondary Rules

Eric David

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 — Diplomatic protection — Self-defence — UNCLOS (UN Convention on the Law of the Sea) — UN Charter — Vienna Convention on the Law of Treaties
Despite the somewhat abstract formulation, the distinction between primary and secondary rules is far from being a complex or major problem of international law. It concerns a distinction the object of which was initially a technical one, but whose application has at times seemed artificial. Throughout the drafting of the Articles on State Responsibility, the ILC specified that its codification efforts concerned only the ‘secondary’ rules, to the exclusion of the ‘primary’ rules of international law. That is, the ILC limited the scope of its work to the rules...
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