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Serious Breaches, the Draft Articles on State Responsibility and Universal Jurisdiction

Ajevski, Marjan (2008). Serious Breaches, the Draft Articles on State Responsibility and Universal Jurisdiction. European Journal of Legal Studies, 2(1) pp. 12–48.

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Abstract

On its fifty-first session, the International Law Commission (henceforth, “ILC”) adopted the Draft Articles on State Responsibility (henceforth, “Draft Articles”) and submitted them to the General Assembly for approval in 2001. The work of the ILC on the Draft Articles took more than forty-four years before the Draft Articles reached their final shape. During the process of their drafting, several of its special rapporteurs came up with different solutions to the various problems at hand. One characteristic of the Draft Articles that is especially emblematic of these several (and sometimes turbulent) changes during their preparatory period was the issue of obligations and responsibilities arising out of a breach of a ius cogens norm or – as it was put in the earlier proposals of the Draft Articles – obligations arising out of crimes of states.

Item Type: Journal Item
Academic Unit/School: Faculty of Business and Law (FBL) > Law
Faculty of Business and Law (FBL)
Item ID: 51682
Depositing User: Marjan Ajevski
Date Deposited: 27 Oct 2017 14:43
Last Modified: 18 May 2019 17:47
URI: http://oro.open.ac.uk/id/eprint/51682
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