‘Qui peut et n’empesche, pesche’ (Loysel1) He who can but does not prevent, sins. This adage of pre-revolutionary French law has its equivalent, mutatis mutandis, in all systems of law. Even if, as a matter of international law there is no requirement of fault in order to engage international responsibility, the violation by an international legal person of one or more of its obligations may arise just as easily from passivity as from a positive course of action: international legal persons are responsible both for their actions and their omissions insofar as they...
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