Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Development Of The Subject At The International Law Commission

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Telling the story of the development of the subject of liability at the International Law Commission has a twofold purpose. One is to give the reader a glimpse of the discussions and reflections of Commission members and Special Rapporteurs on the topic and thus provide a better understanding of how its theoretical bases were debated and decisions adopted. The other is to note the particularly difficult circumstances confronting the topic, mainly because of States reluctance to accept compromises of a general character, especially on a new field like liability, where their preference was clearly for international conventions on specific activities. Prevention, Professor Quentin-Baxter maintained, was governed by a primary norm. The 1996 Draft faithfully reflects both possibilities by stating: States shall take all appropriate measures to prevent or minimize the risk of significant transboundary harm and, if such harm has occurred, to minimize its effects&t;.

Keywords: 1996 Draft; Commission members; International Law Commission; Quentin-Baxter conception; Rapporteurs



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Environment, Risk and Liability in International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation