The choice of a method of dispute resolution has important consequences for both the kind of outcome and the place that States accord to law in international relations. A judicial process would appear to be the ideal tool for establishing in an impartial fashion when a State’s responsibility is engaged and to ensure respect for the law. The continued performance of the obligation breached1 is one of the essential objectives of international responsibility, alongside the more traditional objectives of reparation.2 But recourse to a judge is far from being the...
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