All’s well that ends well? Comments on the ILC’s articles on state responsibility

Abstract

This paper provides an analysis of te UN International Law Commission's (ILC's) ARTICLES ON STATE RESPONSIBILITY adopted after second reading in 2001. After having introduced the topic of state responsibility and the role of the ILC, it addresses the more pressing issues confronted during the second reading of the Articles. These include: (i) the question of aggravated responsibility for serious breaches of obligations under permeptory norms (a concept grown out of the ILC's earlier attempt to introduce a category of international crimes); (ii) the rules on countermeasures; and (iii) the implementation of responsibility for breaches of collective obligations, notably those owed erga omnes.