DYLEMATY MIĘDZYNARODOWEJ ODPOWIEDZIALNOŚCI PAŃSTW
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Date
2007
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Wydział Prawa i Administracji UAM
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DILEMMAS OF THE INTERNATIONAL RESPONSIBILITY OF STATES
Abstract
At its fifty-third session (2001), the International Law Commission (ILC) finally adopted
a complete text of the Draft Articles on the Responsibility of States for Internationally Wrongful
Acts. The purpose of those Draft Articles is to define “the secondary rules” which are aimed
at determining the legal consequences of a failure to fulfill the obligations established by “the
primary rules”. This paper attempts to assess the final results of the ILC’s codification works
which had taken nearly 50 years.
The term “international responsibility” covers the new legal relations which arise under
international law by reason of the internationally wrongful act of a state. They occur between a state
which has committed such an act and an injured state or states. An internationally wrongful act of
a state occurs when conduct consisting of an action or its omission is attributable to the state under
international law and constitutes a breach of an international obligation of that state. The content of
new rights and obligations is specified in Part Two (Content of the International Responsibility) and
Part Three (Implementation o f the International Responsibility) of the Draft Articles. The obligations
of the responsible state to cease the wrongful conduct if it is continuing; to offer appropriate
assurances and guarantees of non-repetition if circumstances so require, and to make full reparation
for the injury caused are the core legal consequences of an internationally wrongful act. A serious
breach of an obligation arising under a peremptory norm of general international law may entail
further consequences. In the event of a serious breach of ius cogens rules all states are obliged to
cooperate in order to bring such a breach to an end, not to recognize as lawful the situation created by
that act and not to render aid or assistance to the responsible state to maintain the situation so
created. The implementation of state responsibility is, in the first place, an entitlement of “the injured
state”. This concept refers to the state whose individual right has been infringed by the
internationally wrongful act or which has been particularly affected by it. In case of breaches of
obligations protecting the collective interests of a group of states or the international community as
a whole, responsibility may be invoked by states which are not themselves “injured” in the sense of
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 69, 2007, z. 1, s. 45-63.
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0035-9629