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The Law of International Responsibility edited by Crawford, James; Pellet, Alain; Olleson, Simon; Parlett, Kate

Part II International Responsibility—Development and Relation with Other Laws, Ch.11 The Law of Responsibility and the Law of Treaties

Joe Verhoeven

From: The Law of International Responsibility

Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 11 December 2019

Subject(s):
Reparations — Responsibility of states — Circumstances precluding wrongfulness — Wrongful acts — Treaties, conclusion — Vienna Convention on the Law of Treaties — Treaties, interpretation — Countermeasures — Peremptory norms / ius cogens
As the Tribunal in Rainbow Warrior pointed out, ‘in the international law field there is no distinction between contractual and tortious responsibility’.1 In his fifth report on State responsibility, Ago explained the absence of such a distinction in ‘the legal order of the international community’ by the non-existence of an ‘instrument like legislation, which is at the same time voluntary and authoritative’.2 Twenty-five years later, Ago’s view appears to have been endorsed by the ILC in the final text of the Articles on State Responsibility. In the report of the...
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