The ILC’s involvement with this improbably-titled topic arose out of its deliberations on the law of State responsibility and requires some explanation in order to understand its subsequent tortured history. The word ‘tortured’ is used advisedly, this being one of the most laboured and confusing studies the ILC has ever undertaken. Having defined the law of State responsibility as applying only to the breach by a State of its international obligations, it was then thought necessary to cater separately for harm caused without breach of obligation.1 The ILC...
Users without a subscription are not able to see the full
to access all content.