Part II International Responsibility—Development and Relation with Other Laws, Ch.10 Liability for Injurious Consequences of Acts Not Prohibited by International Law
Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett
- Responsibility of states — Responsibility of international organizations — Damages — Exhaustion of local remedies — UNCLOS (UN Convention on the Law of the Sea)
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...