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Mr. Jorge E. Viñuales

Mr. Jorge E. Viñuales
Harold Samuel Chair of Law and Environmental Policy
University of Cambridge

BiographyBiography in PDF

Law of State Responsibility
Law of State Responsibility
Part I
General Overview on the Responsibility of States for Internationally Wrongful Acts
Video | Audio
(13/11/2019, 18 minutes)

Part II
Conditions that Trigger
the Responsibility of a State
Video | Audio
(13/11/2019, 28 minutes)

Part III
Legal Consequences of an Internationally Wrongful Act and Invocation of the Responsibility of a State
Video | Audio
(13/11/2019, 41 minutes)

Law of State Responsibility
Law of State Responsibility
A. Legal Instruments

International Convention for the Regulation of Whaling, Washington, 2 December 1946, United Nations, Treaty Series,vol. 161, p. 72.

Vienna Convention on the Law of Treaties, Vienna, 23 May 1969, United Nations, Treaty Series, vol. 1155, p. 331.

United Nations Convention on the Law of the Sea, Montego Bay, 10 December 1982, United Nations, Treaty Series, vol. 1833, p. 3.

North American Free Trade Agreement, Washington, 17 December 1992.

Marrakesh Agreement establishing the World Trade Organization, Marrakesh, 15 April 1994, United Nations, Treaty Series, vol.1867, p. 3.

United Nations Framework Convention on Climate Change, New York, 9 May 1992, United Nations, Treaty Series, vol. 1771, p. 107.

Kyoto Protocol to the United Nations Framework Convention on Climate Change, Kyoto, 11 December 1997, United Nations, Treaty Series, vol. 2303, p. 162.

International Law Commission, Articles on Responsibility of States for Internationally Wrongful Acts, 2001 (A/56/10, reproduced in Yearbook of the International Law Commission, 2001, vol. II (2)).

Paris Agreement, Paris, 12 December 2015.  

B. Jurisprudence

Alabama claims of the United States of America against Great Britain, Award of 14 September 1872, Reports of International Arbitral Awards, vol. XXIX, p. 125.

Permanent Court of International Justice, Factory at Chorzow (Germany v. Poland), Judgement of 26 July 1927, P.C.I.J., Series A, No. 9.

Trail smelter case (United States of America, Canada), Award of 16 April 1938 and 11 March 1941, Reports of International Arbitral Awards, vol. III, p. 1905.

International Court of Justice, Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion of 21 June 1971, I.C.J. Reports 1971, p. 16.

International Court of Justice, Nuclear Tests (Australia v. France), Judgment of 20 December 1974, I.C.J. Reports 1974, p. 253.

International Court of Justice, United States Diplomatic and Consular Staff in Tehran, Judgment, I.C.J. Reports 1980, p.3.

International Court of Justice, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgement, I.C.J. Reports 1986, p. 14.

International Court of Justice, Gabčíkovo-Nagymaros Project (Hungary v. Slovakia), Judgment of 25 September 1997, I.C.J. Reports 1997, p. 7.

International Criminal Tribunal for the Former Yugoslavia, Prosecutor v. Duško Tadic, Judgement of 15 July 1999, Appeals Chamber, Case No. IT-94-1-A.

International Court of Justice, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136.

International Court of Justice, Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007, p. 43.

International Court of Justice, Pulp Mills on the River Uruguay (Argentina v. Uruguay), Judgment, I.C.J. Reports 2010, p. 14.

International Court of Justice, Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal), Judgment, I.C.J. Reports 2012, p. 422.

International Court of Justice, Whaling in the Antarctic (Australia v. Japan: New Zealand intervening, Judgement, I.C.J. Reports 2014, p. 226.

International Court of Justice, Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965, Advisory Opinion of 25 February 2019.

C. Documents

General Assembly resolution 2625 (XXV) of 24 October 1970 (Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations).

Draft articles on State Responsibility, with commentaries, adopted by the International Law Commission on first reading, Report of the International Law Commission on the work of its forty-eighth session, 6 May - 26 July 1996 (A/51/10, reproduced in Yearbook of the International Law Commission, 1996, vol. II).

Draft articles on Responsibility of States for Internationally Wrongful Acts, with commentaries, adopted by the International Law Commission at its fifty-third session, Report of the International Law Commission on the work of its fifty-third session, 23 April - 1 June and 2 July - 10 August 2001 (A/56/10, reproduced in Yearbook of the International Law Commission, 2001, vol. II (2)).

D. Additional References

For additional materials on State Responsibility, please visit the website of the International Law Commission.