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III Points of Substantive Law, Division C: State Responsibility And International Claims, Ch.III: Circumstances Precluding Wrongfulness

From: The Law and Procedure of the International Court of Justice: Fifty Years of Jurisprudence Volume II

Hugh Thirlway

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 May 2023

International courts and tribunals, decisions — Self-defence — Innocent passage — Armed attack
In the previous article on this subject,533 attention was drawn to cases in which a consideration closely allied to one or other of the circumstances identified by the ILC as precluding unlawfulness might operate as one of the elements going to make up the internationally wrongful act itself. Citing the Right of Passage and Electrónica Sicula cases, it was suggested that to establish the existence of a wrongful act might require, for example, the absence of a consideration of necessity, because of the definition and nature of the obligation concerned, so that...
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