1 The Articles on Responsibility of States for Internationally Wrongful Acts (‘ARSIWA’) of the International Law Commission [ILC] (‘Commission’) contain a list of six circumstances precluding wrongfulness (‘CPW’) in Arts 21–25. These are, respectively, consent, self-defence, countermeasures, force majeure, distress, and necessity (Necessity, State of). As the Commentary to these articles evidences, these circumstances have a long-standing history in international law and, aside from some (mostly doctrinal) controversies in relation to state of necessity (eg...
Users without a subscription are not able to see the full
content. Please,
subscribe
or
login
to access all content.