In the declaratory tradition of international law, State responsibility has always been seen to flow immediately from the commission of an internationally wrongful act without any need for action on the part of any injured State or entity. That State responsibility arises independently of its invocation by an injured State is apparent from article 1: Every internationally wrongful act of a State entails the international responsibility of that State. This was the basis for the notion of ‘secondary’ rules of responsibility: these were thought to determine the...
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