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Basic Considerations of Humanity in Relation to State Responsibility

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Chapter Summary

The international responsibility of the State has always appeared as a complex, truly central and fundamental chapter of Public International Law as a whole. The prolonged work of the U.N. International Law Commission (ILC) on State responsibility disclosed at least two significant features: the recognition of "the greater or lesser importance to the international community of the rules giving rise to the obligations violated, and the greater or lesser seriousness of the violation itself ". An examination of the ILC's prolonged work on State responsibility leads to the identification of basic considerations of humanity in this domain of International Law. Despite their shortcomings, the ILC Articles of 2001 on State responsibility have at least retained the concept of jus cogens in the domain of State responsibility, and have taken into due account basic considerations of humanity in some of its aspects.

Keywords:humanity; international community; international law; state responsibility

10.1163/9789004255074_021
/content/books/b9789004255074s021
dcterms_subject,pub_keyword
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