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Part IV The Content of International Responsibility, Ch.57 Reparation in the Event of a Circumstance Precluding Wrongfulness

Mathias Forteau

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: 13 July 2024

Reparations — Circumstances precluding wrongfulness — Responsibility of states
The idea that reparation may be due in the case where circumstances precluding wrongfulness arise is a priori logically incompatible with the underlying purpose of this legal institution. If wrongfulness is excluded, then, automatically, so is responsibility (see Chapter 32). No obligation to make reparation can therefore be imposed on the State that benefits from such a circumstance. The exclusion effect can of course only happen under certain circumstances. If for example the circumstance disappears, behaviour that continues after the disappearance cannot...
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