How much has the codification of State responsibility, which is in the process of completion, been dependent on established case law? How much significance will the codification project accord to future case law? The second question is less difficult. It is sufficient to bear in mind that case law retains its own utility where it creates customary law, even after an area of international law has been codified. Furthermore, codification can also further the development of new case law, insofar as it consists of elements that develop the law—such as the articles on...
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