Encoding the law of State responsibility with courage and resolve: James Crawford and the 2001 Articles on State Responsibility
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In: Cambridge International Law Journal, Vol. 11, No. 1, 01.06.2022, p. 6-23.
Research output: Journal contributions › Journal articles › Research › peer-review
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TY - JOUR
T1 - Encoding the law of State responsibility with courage and resolve
T2 - James Crawford and the 2001 Articles on State Responsibility
AU - Paddeu, Federica I.
AU - Tams, Christian J.
N1 - Publisher Copyright: © 2022 The Author.
PY - 2022/6/1
Y1 - 2022/6/1
N2 - The breadth of James Crawford’s work as an academic and practitioner of international law is astonishing: from boundary delimitation to foundational sources questions to the complexities of annulment in investment arbitration, little seemed beyond his grasp or interest. From the 1990s onwards, State responsibility became a focus of his work, guiding the International Law Commission (ILC) through a swift second reading of the Articles on Responsibility of States for Internationally Wrongful Acts (Articles). The eventual text, adopted in 2001 and annexed to United Nations General Assembly resolution 56/83, while reflecting a collective ILC effort, bears his imprint. This contribution takes three observations by Crawford as prompts for a discussion of both his role in their crafting and of the Articles’ place in contemporary international law. First, the Articles have ‘encoded the way we think about [State] responsibility’. Second, this encoding exercise marked ‘a step in the direction of profitable generalization’. Finally, the fact that this exercise resulted in a formally non-binding text has permitted ‘the Articles as part of the fabric of general international law to be consolidated and refined’ in the day-to-day interpretation and application of international law. The article concludes with brief remarks on their future status.
AB - The breadth of James Crawford’s work as an academic and practitioner of international law is astonishing: from boundary delimitation to foundational sources questions to the complexities of annulment in investment arbitration, little seemed beyond his grasp or interest. From the 1990s onwards, State responsibility became a focus of his work, guiding the International Law Commission (ILC) through a swift second reading of the Articles on Responsibility of States for Internationally Wrongful Acts (Articles). The eventual text, adopted in 2001 and annexed to United Nations General Assembly resolution 56/83, while reflecting a collective ILC effort, bears his imprint. This contribution takes three observations by Crawford as prompts for a discussion of both his role in their crafting and of the Articles’ place in contemporary international law. First, the Articles have ‘encoded the way we think about [State] responsibility’. Second, this encoding exercise marked ‘a step in the direction of profitable generalization’. Finally, the fact that this exercise resulted in a formally non-binding text has permitted ‘the Articles as part of the fabric of general international law to be consolidated and refined’ in the day-to-day interpretation and application of international law. The article concludes with brief remarks on their future status.
KW - Articles on State Responsibility
KW - International Law Commission
KW - internationally wrongful act
KW - James Crawford
KW - State responsibility
KW - Law
UR - http://www.scopus.com/inward/record.url?scp=85134038958&partnerID=8YFLogxK
UR - https://www.mendeley.com/catalogue/1b78960c-ab81-3d70-b633-20831473b9b3/
U2 - 10.4337/cilj.2022.01.01
DO - 10.4337/cilj.2022.01.01
M3 - Journal articles
AN - SCOPUS:85134038958
VL - 11
SP - 6
EP - 23
JO - Cambridge International Law Journal
JF - Cambridge International Law Journal
SN - 2398-9173
IS - 1
ER -