Recorking or Not Recorking? The Articles on State Responsibility Twenty-One Years After

The virtue of pragmatism: Reflections on the future of the Articles on State Responsibility

1. Introduction Upon completing the second reading of the draft Articles on Responsibility of States for Internationally Wrongful Acts (hereinafter: the Articles or ARSIWA) in 2001, the International Law Commission (ILC) recommended that the General Assembly should ‘take note of the draft articles on responsibility of States for internationally wrongful acts in a resolution, and...

The future of the Articles on State Responsibility: A matter of form or of substance?

1. Introduction If one took a cursory look at the comments made by States on the Articles on the responsibility of States for internationally wrongful acts (ARSIWA or ‘the Articles’) adopted in 2001 by the UN International Law Commission (ILC),[1] one could hardly be surprised by the number of general statements underscoring the critical importance...