Back to the Future of a Multilateral Dimension of the Law of State Responsibility for Breaches of 'Obligations Owed to the International Community as a Whole'

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Abstract

The ILC Draft on State Responsibility is incomplete. It does not provide the states with any indication as to the acts and measures that so called ‘non injured states’ are allowed to take in reaction to the violation by a state of its obligations towards the International Community as a whole. This article comes back on the previous state practice in Kosovo (as compared to the Syrian crisis in 2012) and takes advantage of the comments made at that time by Antonio Cassese for reviewing Cassese’s proposals and formulating tentative conclusions as to the content and legal regime of these potential measures.

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