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ARSDraft Articles on the Responsibility of States for Internationally Wrongful Acts (UN GA RES 56/83 2001)

THE INTERNATIONALLY WRONGFUL ACT OF A STATE

Chapter I.: General principles

Art. 1 Responsibility of a State for its internationally wrongful acts Art. 2 Elements of an internationally wrongful act of a State Art. 3 Characterization of an act of a State as internationally wrongful

Chapter II.: Attribution of conduct to a State

Art. 4 Conduct of organs of a State Art. 5 Conduct of persons or entities exercising elements of governmental authority Art. 6 Conduct of organs placed at the disposal of a State by another State Art. 7 Excess of authority or contravention of instructions Art. 8 Conduct directed or controlled by a State Art. 9 Conduct carried out in the absence or default of the official authorities Art. 10 Conduct of an insurrectional or other movement Art. 11 Conduct acknowledged and adopted by a State as its own

Chapter III.: Breach of an international obligation

Art. 12 Existence of a breach of an international obligation Art. 13 International obligation in force for a State Art. 14 Extension in time of the breach of an international obligation Art. 15 Breach consisting of a composite act

Chapter IV.: Responsibility of a State in connection with the act of another State

Art. 16 Aid or assistance in the commission of an internationally wrongful act Art. 17 Direction and control exercised over the commission of an internationallywrongful act Art. 18 Coercion of another State Art. 19 Effect of this chapter

Chapter V.: Circumstances precluding wrongfulness

Art. 20 Consent Art. 21 Self-defence Art. 22 Countermeasures in respect of an internationally wrongful act Art. 23 Force majeure Art. 24 Distress Art. 25 Necessity Art. 26 Compliance with peremptory norms Art. 27 Consequences of invoking a circumstance precluding wrongfulness

CONTENT OF THE INTERNATIONAL RESPONSIBILITY OF A STATE

Chapter I.: General principles

Art. 28 Legal consequences of an internationally wrongful act Art. 29 Continued duty of performance Art. 30 Cessation and non-repetition Art. 31 Reparation Art. 32 Irrelevance of internal law Art. 33 Scope of international obligations set out in this part

Chapter II.: Reparation for injury

Art. 34 Forms of reparation Art. 35 Restitution Art. 36 Compensation Art. 37 Satisfaction Art. 38 Interest Art. 39 Contribution to the injury

Chapter III.: Serious breaches of obligations under peremptory norms of generalinternational law

Art. 40 Application of this chapter Art. 41 Particular consequences of a serious breach of an obligation under this chapter

THE IMPLEMENTATION OF THE INTERNATIONAL RESPONSIBILITY OF A STATE

Chapter I.: Invocation of the responsibility of a State

Art. 42 Invocation of responsibility by an injured State Art. 43 Notice of claim by an injured State Art. 44 Admissibility of claims Art. 45 Loss of the right to invoke responsibility Art. 46 Plurality of injured States Art. 47 Plurality of responsible States Art. 48 Invocation of responsibility by a State other than an injured State

Chapter II.: Countermeasures

Art. 49 Object and limits of countermeasures Art. 50 Obligations not affected by countermeasures Art. 51 Proportionality Art. 52 Conditions relating to resort to countermeasures Art. 53 Termination of countermeasures Art. 54 Measures taken by States other than an injured State

GENERAL PROVISIONS

Art. 55 Lex specialis Art. 56 Questions of State responsibility not regulated by these articles Art. 57 Responsibility of an international organization Art. 58 Individual responsibility Art. 59 Charter of the United Nations

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