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Part II International Responsibility—Development and Relation with Other Laws, Ch.4 The Development of the Law of Responsibility Through the Case Law

Patrick Daillier

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

Codification — Sovereignty — Responsibility of states — Diplomatic protection — Wrongful acts — Arbitration
How much has the codification of State responsibility, which is in the process of completion, been dependent on established case law? How much significance will the codification project accord to future case law? The second question is less difficult. It is sufficient to bear in mind that case law retains its own utility where it creates customary law, even after an area of international law has been codified. Furthermore, codification can also further the development of new case law, insofar as it consists of elements that develop the law—such as the articles on...
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