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Max Planck Encyclopedia of Public International Law [MPEPIL]

Circumstances Precluding Wrongfulness

Federica I Paddeu

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 12 March 2024

Subject(s):
Circumstances precluding wrongfulness

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

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...
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