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The ILC's Articles on Responsibility of States for Internationally Wrongful Acts: Completion of the Second Reading

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Annex

Table of Equivalent Articles

         
         

Final Article Number

{Provisional Article, 2000}

[First reading Article]

 

Title

        Part One: The Internationally Wrongful Act of a State
        Chapter I: General Principles

1

1

1

 

Responsibility of a State for its internationally wrongful acts

2

2

3

 

Elements of an internationally wrongful act of a State

3

3

4

 

Characterization of an act of a State as internationally wrongful

        Chapter II: Attribution of conduct to a State

4

4

5, 6, 7 (1)

 

Conduct of organs of a State

5

5

7 (2)

 

Conduct of persons or entities exercising elements of governmental authority

6

8

9

 

Conduct of organs placed at the disposal of a State by another State

7

9

10

 

Excess of authority or contravention of instructions

8

6

8 (1)

 

Conduct directed or controlled by a State

9

7

8 (2)

 

Conduct carried out in the absence or default of the official authorities

10

10

14, 15

 

Conduct of an insurrectional or other movement

11

11

-

 

Conduct acknowledged and adopted by a State as its own

        Chapter III: Breach of an international obligation

12

12

16, 17, 18(1)

 

Existence of a breach of an international obligation

13

13

18 (2)

 

International obligation in force for a State

14

14

24

 

Extension in time of the breach of an international obligation

15

15

25

 

Breach consisting of a composite act

       

Chapter IV: Responsibility of a State in connection with the act of another State

16

16

27

 

Aid or assistance in the commission of an internationally wrongful act

17

17

28 (1)

 

Direction and control exercised over the commission of an internationally wrongful act

18

18

28 (2)

 

Coercion of another State

19

19

-

 

Effect of this Chapter

        Chapter V: Circumstances precluding wrongfulness

20

20

29

 

Consent

21

22

34

 

Self-defence

22

23

30

 

Countermeasures in respect of an internationally wrongful act

23

24

31

  Force majeure

24

25

32

 

Distress

25

26

33

 

Necessity

26

21

-

 

Compliance with peremptory norms

27

27

35

 

Consequences of invoking a circumstance precluding wrongfulness


Final Article Number

{Provisional Article, 2000}

[First reading Article]

 

Title

        Part Two: Content of the International Responsibility of a State
        Chapter I: General Principles

28

28

36 (1)

 

Legal consequences of an internationally wrongful act

29

29

36 (2)

 

Continued duty of performance

30

30

41, 46

 

Cessation and non-repetition

31

31

42 (1)

 

Reparation

32

32

42 (4)

 

Irrelevance of internal law

33

34

-

 

Scope of international obligations set out in this Part

        Chapter II: Reparation for injury

34

35

42 (1)

 

Forms of reparation

35

36

43

 

Restitution

36

37

44

 

Compensation

37

38

45

 

Satisfaction

38

39

-

 

Interest

39

40

42 (2)

 

Contribution to the injury

       

Chapter III: Serious breaches of obligations under peremptory norms of general international law

40

41

-

 

Application of this Chapter

41

42

51, 53

 

Particular consequences of a serious breach of an obligation under this Chapter

       

Part Three: The Implementation of the International Responsibility of a State

        Chapter I: Invocation of the responsibility of a State

42

43

40

 

Invocation of responsibility by an injured State

43

44

-

 

Notice of claim by an injured State

44

45

22

 

Admissibility of claims

45

46

-

 

Loss of the right to invoke responsibility

46

47

-

 

Plurality of injured States

47

48

-

 

Plurality of responsible States

48

49

40

 

Invocation of responsibility by a State other than an injured State

        Chapter II: Countermeasures

49

50

47

 

Objects and limits of countermeasures

50

51

50

 

Obligations not affected by countermeasures

51

52

49

 

Proportionality

52

53

48

 

Conditions relating to resort to countermeasures

53

55

-

 

Termination of countermeasures

54

54

-

 

Measures taken by States other than an injured State

        Part Four: General Provisions

55

56

37

 

Lex specialis

56

33

38

 

Questions of State responsibility not regulated by these articles

57

57

-

 

Responsibility of an international organization

58

58

-

 

Individual responsibility

59

59

39

 

Charter of the United Nations

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