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Part III The Sources of International Responsibility, Ch.33.5 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Force Majeure

Sandra Szurek

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: 26 May 2024

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...
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