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The Law of International Responsibility edited by Crawford, James; Pellet, Alain; Olleson, Simon; Parlett, Kate
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Part III The Sources of International Responsibility, Ch.33.6 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Distress

Sandra Szurek

From: The Law of International Responsibility

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

Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Oxford Commentaries on International Law
Published in print:
20 May 2010
ISBN:
9780199296972

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 19 June 2019

Initially included in article 32 of the draft adopted on first reading by the ILC, following its introduction in Chapter V ARSIWA by Ago, distress was taken up again by Crawford in article 24. The notion draws, on the one hand, on force majeure and on the other hand, necessity. The proximity between necessity and distress has even led certain authors to criticize the distinction between them. 1 Another view was expressed by Sørensen, who objected to the existence of a general principle authorizing the excuse of necessity but recognized the existence of rules...
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