Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-7479d7b7d-qs9v7 Total loading time: 0 Render date: 2024-07-11T08:32:19.896Z Has data issue: false hasContentIssue false

18 - The Law of State Responsibility

from Part III - The Impact of the ICJ’s Jurisprudence

Published online by Cambridge University Press:  18 May 2023

By
Federica Paddeu
Edited by
Carlos Espósito  and
Kate Parlett
Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
Get access

Summary

The chapter considers the ICJ’s contribution to the law of State responsibility, looking back to the Court’s contribution to the codification of that law by the ILC: looking at the Court’s current attitude to the ILC’s Articles on State Responsibility; and looking to the future, addressing one of the main challenges facing the Court in this field, that of multilateral disputes. The author concludes that the Court has been an important player in this field of international law, and it has made a significant contribution to vesting the ILC Articles with the authority they have today. According to this chapter, the Court has an important role to play going forwards in the growth and development of community interest litigation for the enforcement of erga omnes obligations.

Keywords

State responsibilityArticles on the Responsibility of States for Internationally Wrongful Actswrongfulnessreparationmultilateral disputeserga omnes obligations
Type
Chapter
Information
The Cambridge Companion to the International Court of Justice , pp. 411 - 430
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Further Reading

Bordin, F. L., ‘State Responsibility in Advisory Proceedings: Thoughts on Judicial Propriety and Multilateralism in the Chagos Opinion’ in Burri, T. and Trinidad, J. (eds.), Decolonization and the International Court of Justice: New Directions from the Chagos Advisory Opinion (Cambridge University Press, 2021) 95.Google Scholar
Crawford, J., ‘The International Court of Justice and the Law of State Responsibility’ in Tams, C. J. and Sloane, R. D. (eds.), The Development of International Law by the International Court of Justice (Oxford University Press, 2013) 71.Google Scholar
Higgins, R., ‘Issues of State Responsibility before the International Court of Justice’ in Fitzmaurice, M. and Sarooshi, D. (eds.), Issues of State Responsibility before International Judicial Institutions (Bloomsbury, 2004) 1.Google Scholar
Tams, C. J., ‘Law-Making in Complex Processes: The World Court and the Modern Law of State Responsibility’ in Chinkin, C. M. and Baetens, F. (eds.), Sovereignty, Statehood and State Responsibility: Essays in Honour of James Crawford (Cambridge University Press, 2015) 287.Google Scholar
Urs, P., ‘Obligations Erga Omnes and the Question of Standing Before the International Court of Justice’ 34(2) Leiden Journal of International Law (2021) 505.CrossRefGoogle Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×