Book 25: Materials on the Responsibility of States for
Internationally Wrongful Acts

TABLE OF CONTENTS

  Page
FOREWORD vii
EXPLANATORY NOTE ix
ABBREVIATIONS xi
RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS 1
PART ONE. THE INTERNATIONALLY WRONGFUL ACT OF A STATE 5
  CHAPTER I. GENERAL PRINCIPLES 7
  Article 1. Responsibility of a State for its internationally wrongful acts 7
  Article 2. Elements of an internationally wrongful act of a State 12
  Article 3. Characterization of an act of a State as internationally wrongful 19
  CHAPTER II. ATTRIBUTION OF CONDUCT TO A STATE 27
  Article 4. Conduct of organs of a State 31
  Article 5. Conduct of persons or entities exercising elements of governmental authority 51
  Article 6. Conduct of organs placed at the disposal of a State by another State 59
  Article 7. Excess of authority or contravention of instructions 62
  Article 8. Conduct directed or controlled by a State 70
  Article 9. Conduct carried out in the absence or default of the official authorities 82
  Article 10. Conduct of an insurrectional or other movement 85
  Article 11. Conduct acknowledged and adopted by a State as its own 92
  CHAPTER III. BREACH OF AN INTERNATIONAL OBLIGATION 97
  Article 12. Existence of a breach of an international obligation 98
  Article 13. International obligation in force for a State 105
  Article 14. Extension in time of the breach of an international obligation 110
  Article 15. Breach consisting of a composite act 121
  CHAPTER IV. RESPONSIBILITY OF A STATE IN CONNECTION WITH THE ACT OF ANOTHER STATE 125
  Article 16.

Aid or assistance in the commission of an internationally
wrongful act
129
  Article 17. Direction and control exercised over the commission of an
internationally wrongful act
134
  Article 18. Coercion of another State 138
  Article 19. Effect of this chapter 140
  CHAPTER V. CIRCUMSTANCES PRECLUDING WRONGFULNESS 141
  Article 20. Consent 145
  Article 21. Self-defence 148
  Article 22. Countermeasures in respect of an internationally wrongful act 150
  Article 23. Force majeure 154
  Article 24. Distress 161
  Article 25. Necessity 167
  Article 26. Compliance with peremptory norms 186
  Article 27. Consequences of invoking a circumstance precluding wrongfulness 189
PART TWO. CONTENT OF THE INTERNATIONAL RESPONSIBILITY OF A STATE 194
  CHAPTER I. GENERAL PRINCIPLES 195
  Article 28. Legal consequences of an internationally wrongful act 196
  Article 29. Continued duty of performance 197
  Article 30. Cessation and non-repetition 199
  Article 31. Reparation 206
  Article 32. Irrelevance of internal law 216
  Article 33. Scope of international obligations set out in this Part 218
  CHAPTER II. REPARATION FOR INJURY 220
  Article 34. Forms of reparation 221
  Article 35. Restitution 225
  Article 36. Compensation 231
  Article 37. Satisfaction 249
  Article 38. Interest 253
  Article 39. Contribution to the injury 258
  CHAPTER III. SERIOUS BREACHES OF OBLIGATIONS UNDER PEREMPTORY NORMS OF GENERAL INTERNATIONAL LAW 260
  Article 40. Application of this chapter 264
  Article 41. Particular consequences of a serious breach of an obligation
under this chapter
267
PART THREE. THE IMPLEMENTATION OF THE INTERNATIONAL RESPONSIBILITY OF A STATE 271  
  CHAPTER I. INVOCATION OF THE RESPONSIBILITY OF A STATE 272
  Article 42. Invocation of responsibility by an injured State 274
  Article 43. Notice of claim by an injured State 280
  Article 44. Admissibility of claims 283
  Article 45. Loss of the right to invoke responsibility 288
  Article 46. Plurality of injured States 292
  Article 47. Plurality of responsible States 294
  Article 48. Invocation of responsibility by a State other than an injured State 298
  CHAPTER II. COUNTERMEASURES 304
  Article 49. Object and limits of countermeasures 309
  Article 50. Obligations not affected by countermeasures 316
  Article 51. Proportionality 324
  Article 52. Conditions relating to resort to countermeasures 329
  Article 53. Termination of countermeasures 333
  Article 54. Measures taken by States other than an injured State 334
PART FOUR. GENERAL PROVISIONS 339
  Article 55. Lex specialis 340
  Article 56. Questions of State responsibility not regulated by these articles 344
  Article 57. Responsibility of an international organization 346
  Article 58. Individual responsibility 349
  Article 59. Charter of the United Nations 352
ANNEX I. TEXT OF THE ARTICLES 353
ANNEX II. TABLE OF CASES ARRANGED ACCORDING TO THE ARTICLES 365
ANNEX III. ALPHABETICAL LISTING OF CASES 411