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Max Planck Encyclopedia of Public International Law [MPEPIL]

Circumstances Precluding Wrongfulness

Federica I Paddeu

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 September 2019

Subject(s):
Circumstances precluding wrongfulness

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 The International Law Commission’s (‘ILC’ or ‘Commission’) Articles on the Responsibility of States for Internationally Wrongful Acts (‘ARS’) contain a list of six circumstances precluding wrongfulness (‘CPW’) in Arts 21–25 . These are, respectively, consent , self-defence , countermeasures, force majeure , distress and necessity ( Necessity, State of ). As the Commentary to these articles evidences, these circumstances have a long-standing history in international law and, aside from controversies in relation to state of necessity (eg Heathcote 2007 ), they are...
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