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Third Report on State Responsibility, by Mr. James Crawford, Special Rapporteur

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Third Report on State Responsibility, by Mr. James Crawford, Special Rapporteur STATE RESPONSIBILITY [Agenda item 3] DOCUMENT A/CN.4/507 and Add. 1–4* Third report on State responsibility, by Mr. James Crawford, Special Rapporteur [Original: English] [15 March, 15 June, 10 and 18 July and 4 August 2000] CONTENTS Page Multilateral instruments cited in the present report .................................................................................................... 6 Works cited in the present report ................................................................................................................................ 7 Paragraphs INTRODUCTION .......................................................................................................................................... 1–11 11 A. Programme for completion of the second reading ................................................................. 1–4 11 B. Parts two and three as adopted on first reading: general considerations ............................... 5–11 12 Chapter VI. PART TWO. LEGAL CONSEQUENCES OF AN INTERNATIONALLY WRONGFUL ACT OF A STATE ................ 12–119 15 A. Chapter I. General principles ................................................................................................ 13–119 15 1. Title and content of chapter I ............................................................................................ 13–16 15 2. The general principle of reparation ................................................................................... 17–43 15 (a ) Current provisions ...................................................................................................... 17–22 15 (b) A proposed general principle ..................................................................................... 23–37 17 (c ) Article 42, paragraphs 3–4 ......................................................................................... 38–43 20 3. Cessation and related issues ............................................................................................. 44–59 21 (a ) Current provisions ...................................................................................................... 44–48 21 (b) The place of cessation in the draft articles ................................................................. 49–50 22 (c) Question of placement and formulation ..................................................................... 51–52 22 (d) Assurances and guarantees of non-repetition ............................................................. 53–59 23 4. Other legal consequences under customary international law .......................................... 60–65 24 5. The injured State ............................................................................................................... 66–118 25 ( a) Article 40. Meaning of injured State .......................................................................... 66–81 25 (b) Some preliminary issues ............................................................................................ 82–96 29 (c) Options for the reformulation of article 40 ................................................................ 97–118 32 6. Conclusions as to part two, chapter I ................................................................................ 119 38 B. Chapter II. The forms of reparation ...................................................................................... 120–223 39 1. General considerations ..................................................................................................... 120–123 39 2. Restitution ......................................................................................................................... 124–146 40 (a) Existing article 43 ...................................................................................................... 124–129 40 * Incorporating A/CN.4/507/Add.1/Corr.1, A/CN.4/507/Add.2/Corr.1 and 2 and A/CN.4/507/Add.3/Corr.1. 3 4 Documents of the fifty-second session Chapter Paragraphs Page (b) Cessation, restitution and compensation: questions of classification and priority .... 130–143 43 (c) Exceptions to restitution ............................................................................................. 144 45 ( d) The formulation of article 43 ..................................................................................... 145–146 46 3. Compensation ................................................................................................................... 147–166 46 (a) Existing article 44 ...................................................................................................... 147–153 46 (b) Assessment of compensation: general principle or detailed criteria? ........................ 154–160 48 (c) Limitations on compensation ..................................................................................... 161–164 51 (d) Conclusion.................................................................................................................. 165–166 51 4. Satisfaction........................................................................................................................ 167–194 52 (a) Existing article 45 ...................................................................................................... 167–177 52 (b) The character of satisfaction as a remedy .................................................................. 178–181 53 ( c) Specific forms of satisfaction ..................................................................................... 182–192 54 (d) Limitations upon satisfaction: article 45, paragraph 3 ............................................... 193 56 (e) Conclusion on article 45 ............................................................................................. 194 56 5. Interest .............................................................................................................................. 195–214 57 (a) The question of interest in the draft articles ............................................................... 195–198 57 (b) The role of interest in relation to reparation ............................................................... 199–212 58 ( c) A provision on interest? .............................................................................................. 213–214 60 6. Mitigation of responsibility .............................................................................................. 215–222 60 (a ) Contributory fault ....................................................................................................... 216–221 61 ( b) Mitigation of damage ................................................................................................. 222 62 7. Summary of conclusions as to part two, chapter II .......................................................... 223 62 III. STRUCTURE OF REMAINING PARTS OF THE DRAFT ARTICLES ............................................................... 224–226 63 III. INVOCATION OF RESPONSIBILITY BY AN INJURED STATE .................................................................... 227–284 63 A. General considerations ........................................................................................................... 227–262 63 1. The right of the injured State to elect the form of reparation ........................................... 232–233 64 2. Formal requirements for the invocation of responsibility................................................. 234–238 64 3. Certain questions as to the admissibility of claims .......................................................... 239–242 65 (a) Exhaustion of local remedies (art. 22) ....................................................................... 241 66 (b) Nationality of claims .................................................................................................. 242 66 4. Limits on the recovery of reparation ................................................................................ 243–249 66 (a) The non ultra petita principle .................................................................................... 244–247 66 ( b) The rule against double recovery ............................................................................... 248–249 67 5. Loss of the right to invoke responsibility ......................................................................... 250–262 68 (a ) Waiver ......................................................................................................................... 253–256 68 (yb ) Dela .......................................................................................................................... 257–259 69 (c) Settlement ................................................................................................................... 260–261 70 ( d) Termination or suspension of the obligation breached ............................................... 262 71 B. Cases involving a plurality of injured or responsible States .................................................. 263–283 72 1. Overview of the legal issues ............................................................................................. 266–281 72 (a) Plurality of responsible States .................................................................................... 267–278 72 (b) Plurality of injured States ........................................................................................... 279–281 76 2. Proposed provisions .........................................................................................................
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