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Final Article Number |
{Provisional Article, 2000} |
[First reading Article] |
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Title |
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Part One: The Internationally
Wrongful Act of a State |
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Chapter I: General
Principles |
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1 |
1 |
1 |
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Responsibility of a State for its internationally wrongful
acts |
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2 |
2 |
3 |
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Elements of an internationally wrongful act of a State |
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3 |
3 |
4 |
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Characterization of an act of a State as internationally
wrongful |
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Chapter II: Attribution of conduct
to a State |
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4 |
4 |
5, 6, 7 (1) |
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Conduct of organs of a State |
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5 |
5 |
7 (2) |
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Conduct of persons or entities exercising elements of governmental
authority |
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6 |
8 |
9 |
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Conduct of organs placed at the disposal of a State by another
State |
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7 |
9 |
10 |
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Excess of authority or contravention of instructions |
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8 |
6 |
8 (1) |
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Conduct directed or controlled by a State |
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9 |
7 |
8 (2) |
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Conduct carried out in the absence or default of the official
authorities |
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10 |
10 |
14, 15 |
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Conduct of an insurrectional or other movement |
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11 |
11 |
- |
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Conduct acknowledged and adopted by a State as its own |
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Chapter III: Breach of an
international obligation |
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12 |
12 |
16, 17, 18(1) |
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Existence of a breach of an international obligation |
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13 |
13 |
18 (2) |
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International obligation in force for a State |
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14 |
14 |
24 |
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Extension in time of the breach of an international obligation
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15 |
15 |
25 |
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Breach consisting of a composite act |
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Chapter IV: Responsibility of a State in connection with the
act of another State |
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16 |
16 |
27 |
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Aid or assistance in the commission of an internationally wrongful
act |
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17 |
17 |
28 (1) |
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Direction and control exercised over the commission of an
internationally wrongful act |
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18 |
18 |
28 (2) |
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Coercion of another State |
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19 |
19 |
- |
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Effect of this Chapter |
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Chapter V: Circumstances precluding
wrongfulness |
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20 |
20 |
29 |
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Consent |
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21 |
22 |
34 |
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Self-defence |
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22 |
23 |
30 |
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Countermeasures in respect of an internationally wrongful act
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23 |
24 |
31 |
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Force majeure |
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24 |
25 |
32 |
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Distress |
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25 |
26 |
33 |
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Necessity |
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26 |
21 |
- |
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Compliance with peremptory norms |
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27 |
27 |
35 |
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Consequences of invoking a circumstance precluding
wrongfulness |
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Final Article Number |
{Provisional Article, 2000} |
[First reading Article] |
|
Title |
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Part Two: Content of the
International Responsibility of a State |
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Chapter I: General
Principles |
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28 |
28 |
36 (1) |
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Legal consequences of an internationally wrongful act |
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29 |
29 |
36 (2) |
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Continued duty of performance |
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30 |
30 |
41, 46 |
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Cessation and non-repetition |
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31 |
31 |
42 (1) |
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Reparation |
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32 |
32 |
42 (4) |
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Irrelevance of internal law |
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33 |
34 |
- |
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Scope of international obligations set out in this Part |
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Chapter II: Reparation for
injury |
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34 |
35 |
42 (1) |
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Forms of reparation |
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35 |
36 |
43 |
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Restitution |
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36 |
37 |
44 |
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Compensation |
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37 |
38 |
45 |
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Satisfaction |
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38 |
39 |
- |
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Interest |
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39 |
40 |
42 (2) |
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Contribution to the injury |
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Chapter III: Serious breaches of obligations under
peremptory norms of general international law |
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40 |
41 |
- |
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Application of this Chapter |
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41 |
42 |
51, 53 |
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Particular consequences of a serious breach of an obligation under
this Chapter |
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Part Three: The Implementation of the International
Responsibility of a State |
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Chapter I: Invocation of the
responsibility of a State |
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42 |
43 |
40 |
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Invocation of responsibility by an injured State |
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43 |
44 |
- |
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Notice of claim by an injured State |
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44 |
45 |
22 |
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Admissibility of claims |
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45 |
46 |
- |
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Loss of the right to invoke responsibility |
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46 |
47 |
- |
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Plurality of injured States |
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47 |
48 |
- |
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Plurality of responsible States |
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48 |
49 |
40 |
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Invocation of responsibility by a State other than an injured
State |
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Chapter II: Countermeasures
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49 |
50 |
47 |
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Objects and limits of countermeasures |
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50 |
51 |
50 |
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Obligations not affected by countermeasures |
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51 |
52 |
49 |
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Proportionality |
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52 |
53 |
48 |
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Conditions relating to resort to countermeasures |
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53 |
55 |
- |
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Termination of countermeasures |
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54 |
54 |
- |
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Measures taken by States other than an injured State |
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Part Four: General
Provisions |
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55 |
56 |
37 |
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Lex specialis |
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56 |
33 |
38 |
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Questions of State responsibility not regulated by these
articles |
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57 |
57 |
- |
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Responsibility of an international organization |
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58 |
58 |
- |
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Individual responsibility |
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59 |
59 |
39 |
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Charter of the United Nations |