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Realizing UtopiaThe Future of International Law$
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The Late Antonio Cassese

Print publication date: 2012

Print ISBN-13: 9780199691661

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199691661.001.0001

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The Deficiencies of the Law of State Responsibility Relating to Breaches of ‘Obligations Owed to the International Community as a Whole’: Suggestions for Avoiding the Obsolescence of Aggravated Responsibility *

The Deficiencies of the Law of State Responsibility Relating to Breaches of ‘Obligations Owed to the International Community as a Whole’: Suggestions for Avoiding the Obsolescence of Aggravated Responsibility *

Chapter:
(p.210) 17 The Deficiencies of the Law of State Responsibility Relating to Breaches of ‘Obligations Owed to the International Community as a Whole’: Suggestions for Avoiding the Obsolescence of Aggravated Responsibility*
Source:
Realizing Utopia
Author(s):

Pierre-Marie Dupuy

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199691661.003.0017

The 2001 International Law Commission (ILC) Articles on State Responsibility are a valuable but incomplete project which, to some extent, relied on the dream of an ‘international community’. One of the main weaknesses of the ILC Articles is that, after eliminating the concept of ‘crime of state’, substituted by the notion of ‘breach of an obligation owed to the international community as a whole’, they do not provide a comprehensive and substantial legal regime for the responsibility of one state vis-à-vis other states, whether they belong to a specific group or simply to the international community as a whole. This chapter considers different scenarios in order to answer the following question: is the multilateral dimension of the modern law of state responsibility just a dream based on an optimistic vision born during the second half of the last century? Or is there still a chance to make this dream a reality in the future?

Keywords:   International Law Commission, Articles on State Responsibility, crime of state, state responsibility

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