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Institutionalizing State ResponsibilityGlobal Security and UN Organs$
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Vincent-Joël Proulx

Print publication date: 2016

Print ISBN-13: 9780199680399

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780199680399.001.0001

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Crossing the Conceptual Rubicon

Crossing the Conceptual Rubicon

Understanding Secondary Norms of State Responsibility

(p.13) 1 Crossing the Conceptual Rubicon
Institutionalizing State Responsibility

Vincent-Joël Proulx

Oxford University Press

This chapter sheds light on the nature and interplay between secondary rules of responsibility under the aegis of the International Law Commission’s Articles on State Responsibility. After offering remarks on extant secondary norm structure, the chapter turns to current perspectives on the specific prospect of forcibly responding to non-State actors in light of the International Court of Justice’s seminal Nicaragua judgment, with particular emphasis on the mechanism of attribution. It attempts to reconcile the possible merger of State responsibility and use of force repertoire in global security contexts by pointing to areas of convergence between both regimes and to recent developments in State practice. In unfolding its arguments, the chapter addresses critically other related questions, such as the inbuilt phenomena of autoqualification and self-judging in the law of State responsibility and the potential promulgation of primary international legal rules by the International Law Commission.

Keywords:   State responsibility, primary and secondary norms, attribution, International Law Commission, ILC Articles, International Court of Justice, use of force, codification, international relations, anarchy, countermeasures

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