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Part III The Sources of International Responsibility, Ch.36 Obligations of Prevention and the Precautionary Principle

Gerhard Hafner, Isabelle Buffard

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: 20 May 2024

Responsibility of states — Wrongful acts — Diplomatic relations — Customary international law — Precautionary principle
The obligation to prevent a certain event forms part of the special category of international obligations, namely obligations of result. It is not clear whether this obligation is a primary or secondary rule of international law. This was the reason why the ILC, in its debates on the international responsibility of States, doubted whether such an obligation should be taken into account at all in the context of a codification of secondary rules of international law. This also explains why obligations of prevention were given reduced attention in the second reading...
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