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The Duty Not to 'Recognize as Lawful' a Situation Created by the Illegal Use of Force or Other Serious Breaches of a Jus Cogens Obligation: an Obligation without Real Substance?

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Chapter Summary

The Articles of the International Law Commission (ILC) on the Responsibility of States for Internationally Wrongful Acts provide in Article 41(2) that 'no State shall recognize as lawful a situation created by a serious breach' of an obligation arising under a peremptory norm of general international law. This chapter examines the content of the obligation 'not to recognize as 'lawful' a situation created by a serious breach of a jus cogens obligation, and the practical difficulties that may arise in complying with this obligation. It also asks whether an obligation of non-recognition makes legal sense in cases of serious breaches of jus cogens obligations, other than those resulting in the creation of a new State or the acquisition or occupation of territory.

Keywords: International Law Commission (ILC); jus cogens obligations; law of State responsibility; obligation of non-recognition



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