United States: Comments on the Draft Articles on State Responsibility

In: International legal materials: ILM, Band 37, Heft 2, S. 468-487

Abstract

The United States agrees with the Commission that a statement of the law of state
responsibility must provide guidance to states with respect to the following questions:When does an act of a state entail international responsibility? What actions are attributable to the state? What consequences flow from a state'sviolation of its international responsibility? Customary international law provides answers to these questions, but the Commission has in many instances not codified such norms but rather proposed new substantive rules. In particular, the sections on countermeasures, crimes, dispute settlement, and state injury contain provisions that are not supported by customary international law.