Examples of using Draft articles on state responsibility in English and their translations into Chinese
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Programming
Relationship to the draft articles on State responsibility.
The International Law Commissionhas just completed the first reading of its draft articles on State responsibility.
See article 15, draft articles on State responsibility.
The International Law Commission considered the issue in its 1980 draft articles on State responsibility.
The draft articles on State responsibility were indeed one of the Commission' s landmark codification activities.
However, such direct borrowing from the draft articles on State responsibility deserves careful attention.
The draft articles on State responsibility reflected international customary law to a large extent and had been used as a model law.
There were in fact a number of arguments against having the draft articles on State responsibility contain only secondary norms.
However, the draft articles on State responsibility categorically stated that they were not dealing with such primary obligations.
The Commission should avoid developing rules in the area of international organizations thatmerely paralleled the rules set forth in the draft articles on State responsibility.
Thus the topic, like the draft articles on State responsibility, would be limited to codification of“secondary” rules.
In Bosnia v Serbia the International Court of Justice gave its approval toArticle 8 of the International Law Commission Draft Articles on State Responsibility which reads:.
There was a close relationship between the draft articles on State responsibility and those on diplomatic protection.
However, the draft articles on State responsibility were not concerned with the existence or content of a primary obligation, but instead with the consequences of the breach.
The Commission could usefully undertake a separate study on the regime of countermeasures,instead of dealing with that topic in its draft articles on State responsibility.
The United States believes that the draft articles on State responsibility should not be finalized in the form of a convention.
See draft articles on State responsibility, supra, commentary on article 15, paras. 3 and 4, 1975 Yearbook International Law Commission, vol. 2 at 100.
Mr. Szénási(Hungary) said that he welcomed the decision of the Commission to submit the draft articles on State responsibility for consideration by the Sixth Committee before adoption by the Commission.
The Draft Articles on State Responsibility elaborated by the International Law Commission(ILC) clearly establish that international obligations can be breached by both acts of omission and acts of commission.
There was no risk of such a fate befalling the draft articles on State responsibility, however, such was the importance and quality of the Commission' s work.
And now, the draft articles on State responsibility have been finalized owing greatly to the dedicated efforts of four Special Rapporteurs and intensive discussions undertaken by members of the Commission.
The Commission has set in its draft articles on State responsibility very restrictive conditions to account for its admissibility, reducing such subjectivity.
The draft articles on State responsibility regulated in detail the question of attribution without specifically addressing the question of attribution to a State of an act of an international organization.
Mr. Niehaus(Costa Rica) said that the draft articles on State responsibility provisionally adopted on second reading were generally balanced and realistic.
The Commission' s draft articles on State responsibility are thus a legitimate starting point for the discussion, which will also have to deal with the adaptations that those draft articles will require.
It was precisely because the Commission's draft articles on State responsibility were not limited to secondary rules that France had expressed serious reservations regarding them.
Generally speaking, the draft articles on State responsibility should cover only reparation for damages and cessation of internationally wrongful acts; the issue of countermeasures should be considered separately by the Commission.
The view was expressed that the draft articles on State responsibility could provide useful guidance with regard to questions of content and implementation of international responsibility. .
Regarding the form which the draft articles on State responsibility should take, in the view of the United States it would be neither useful nor productive to adopt them in the form of a convention.
It was noted that the draft articles on State responsibility regulated in detail the question of attribution without specifically addressing the question of attribution to a State of an act of an international organization.