Part II Responsibility of States and International Organizations, Article 13 of the ARSIWA: International obligation in force for a State »
Claudia Annacker, Enikő Horváth
From: General International Law in International Investment Law: A Commentary
Edited By: Andreas Kulick, Michael Waibel
This entry examines Article 13 of the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA). Article 13 applies the basic principle of non-retroactivity in the field of State responsibility: a State can only be responsible for a breach of an international obligation if the obligation is in force for the State at the time of the alleged breach. The principle of non-retroactivity codified in Article 13 is uncontroversial and its application by investment treaty tribunals generally aligns with that of other international judicial bodies. The entry analyses the application of Article 13 in general international law and international investment law, which has been inconsistent, especially in the treatment of pre-entry into force conduct in the context of continuing and composite acts.
Part II Responsibility of States and International Organizations, Article 14 of the ARSIWA: Extension in time of the breach of an international obligation »
Claudia Annacker, Enikő Horváth
From: General International Law in International Investment Law: A Commentary
Edited By: Andreas Kulick, Michael Waibel
This entry looks into Article 14 of the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA). Article 14 specifies the time of the occurrence of an internationally wrongful act and its duration, distinguishing between instantaneous breaches, continuing breaches, and breaches of an obligation to prevent a given event. The entry analyses the application of Article 14 in general international law and international investment law and identifies convergences among international courts and tribunals, such as on the basic concept of a continuing act and the non-continuing nature of unremedied conduct, and divergences, such as on the application of the concept of a continuing act in the context of undue delay and limitation periods.
Part II Responsibility of States and International Organizations, Article 15 of the ARSIWA: Breach consisting of a composite act »
Claudia Annacker, Enikő Horváth
From: General International Law in International Investment Law: A Commentary
Edited By: Andreas Kulick, Michael Waibel
This entry examines Article 15 of the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA). Article 15 introduces the concept of a composite breach, i.e., a series of actions or omissions defined in aggregate as wrongful, and specifies the time of the occurrence of a composite breach and its duration. The entry analyses the application of the provision in general international law and international investment law. While there is little jurisprudence on Article 15 in general international law, investment treaty tribunals frequently rely in this Article when assessing acts and omissions that, in aggregate, impact on an investment, and their jurisprudence on the elements of a composite act may have an impact on general international law.
