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The Development Of The Subject At The International Law Commission

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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

10.1163/ej.9789004188785.i-204.41
/content/books/10.1163/ej.9789004188785.i-204.41
dcterms_subject,pub_keyword
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