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Succession of States in the Field of International Responsibility: The Case for Codification

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Chapter Summary

This chapter briefly addresses the question whether a new appraisal in the form of codification and/or progressive development of the main issues that a situation of State succession creates vis-à-vis the States concerned by the responsibility for internationally wrongful acts committed before the date of that succession is needed and whetherit would be possible. A preliminary question that can arise is whether the matter of international responsibility requires a particular analysis in the field of State succession. Notwithstanding the general provisions contained in the codification conventions on State succession, and the position taken by the International Law Commission (ILC) in its commentary to the Articles on State Responsibility, some situations which international wrongful acts were committed before the date of the succession have been already addressed by the codification projects.

Keywords:codification; date of succession; International Law Commission (ILC); international responsibility; international wrongful act; State responsibility; State succession



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