Symposium : State Responsibility

• Dominicé, C

Abstract

This article deals with the three main questions related to the violation of multilateral obligations in international law: definition of those obligations, the elements constituting a violation, and the effects of the latter. Observing that many obligations in international law, both in treaties and in customary international law, bind several states, or all states, in their mutual relations, thus creating parallel bilateral obligations, the author is of the opinion that they do not all correspond to the specific definition of 'multilateral obligations', but only those the violation of which is of concern for the international community. The violation of those multilateral obligations leads to state responsibility according to the normal, ordinary elements of responsibility: attribution to the state and violation of an obligation. There is no additional criterion. The quantitative element is merely relevant with respect to the reaction of other states. The breach of a multilateral obligation gives to the injured state the normal rights of the 'victim', whereas the other states are not 'victims' but are entitled to take measures aiming at the cessation of a conduct in breach of that obligation, without prejudice of conventional systems.