This essay deals with the distinction between obligations of conduct and obligations of result in international law. It first traces the origins of the distinction in the writings of German and Italian legal scholars. It then considers its inclusion in the Draft Articles on State Responsibility as adopted on first reading by the International Law Commission of the United Nations. It then goes on to consider the arguments which lead to the deletion of the distinction from the draft articles as adopted on second reading. Finally it considers criticism of the distinction as such, concluding that it may still be a useful tool of analysis.[...]
The Distinction Between Obligations of Conduct and Obligations of Result Following Its Deletion From the Draft Articles on State Responsibility
MARCHESI, Antonio
2004-01-01
Abstract
This essay deals with the distinction between obligations of conduct and obligations of result in international law. It first traces the origins of the distinction in the writings of German and Italian legal scholars. It then considers its inclusion in the Draft Articles on State Responsibility as adopted on first reading by the International Law Commission of the United Nations. It then goes on to consider the arguments which lead to the deletion of the distinction from the draft articles as adopted on second reading. Finally it considers criticism of the distinction as such, concluding that it may still be a useful tool of analysis.[...]I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
