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SUMMARY RECORD OF THE 35TH MEETING : 6TH COMMITTEE, HELD ON THURSDAY, 7 NOVEMBER 1996, NEW YORK, GENERAL ASSEMBLY, 51ST SESSION
A/C.6/51/SR.35 English Page 4 different types of wrongful acts and making the distinction by other means, such as by dividing the text of the draft articles into different sections dealing separately with the consequences of wrongful acts as such and wrongful acts which threatened the fundamental interests of the international community as a whole. (...) The concept of a crime had connotations which other forms of legal wrong did not have and the choice between the two terms /... (...) With regard to the limitation on the entitlement of an injured State to obtain satisfaction, the impairing of the dignity of the wrongdoing State seemed to be such a vague and subjective concept as to be of dubious value whatever the categorization of the wrongful acts.
Language:English
Score: 890121.7 - daccess-ods.un.org/acce...?open&DS=A/C.6/51/SR.35&Lang=E
Data Source: ods
SUMMARY RECORD OF THE 2266TH MEETING, HELD ON WEDNESDAY, 27 MAY 1992 : INTERNATIONAL LAW COMMISSION, 44TH SESSION, EXTRACT FROM THE YEARBOOK OF THE INTERNATIONAL LAW COMMISSION, 1992, VOL 1
The second case oc- curred when the internationally wrongful act was a con- tinuing violation of the regime. (...) Having rejected the concept of "third State", he intended to show why the other two concepts were also unacceptable. 19. (...) Reprisals, which should be designed to bring about the cessation of the unlawful conduct and a return to legality, had traditionally been conceived as a form of punishment or as a sanction for the wrong committed. It was his view that that concept of punitive reprisals should have no place in contemporary international law and that the Commission should rather place the empha- sis, first, on the aim of bringing about the cessation of the unlawful act and, secondly, on recourse to an agreed mode for the settlement of the dispute.
Language:English
Score: 889869.5 - https://daccess-ods.un.org/acc...?open&DS=A/CN.4/SR.2266&Lang=E
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DRAFT REPORT OF THE INTERNATIONAL LAW COMMISSION ON THE WORK OF ITS 52ND SESSION
It was also suggested that the concepts of the injured State and the State having a legal interest should be defined before the question of the implementation of international responsibility was discussed and that the proposed list of cases in which a State suffered an injury should be open-ended, since it could be difficult to envisage all cases in which a State could be injured by an internationally wrongful act attributable to another State. 21. (...) The view was also expressed that injury or damage should not be included as a constituent element of an internationally wrongful act or in article 40 bis, which triggered the invocation of State responsibility, because the concept would have to be 11 broadened to a degree that rendered it meaningless, and it was virtually impossible to “calibrate” it according to the proximity of a State to a breach. 22. (...) The concept of damage was also considered indispensable if the essential distinction was to be drawn between a State suffering direct injury on the basis of which it could invoke article 37 bis, and one that, in the framework of erga omnes obligations or as a member of the international community, merely had a legal interest in cessation of the internationally wrongful act.
Language:English
Score: 889643.6 - daccess-ods.un.org/acce...n&DS=A/CN.4/L.593/ADD.2&Lang=E
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SUMMARY RECORD OF THE 2535TH MEETING, HELD ON TUESDAY, 26 MAY 1998 : INTERNATIONAL LAW COMMISSION, 50TH SESSION, EXTRACT FROM THE YEARBOOK OF THE INTERNATIONAL LAW COMMISSION, 1998, VOL 1
PAMBOU-TCHIVOUNDA said he could agree to taking up the problem of crime at a later date, but why not do so under the same topic the Commission was currently considering—especially if there was a contin- uum in internationally wrongful acts? He was not in favour of artificially separating concepts that were in fact related, although they were at different points in the con- tinuum. 89. (...) If a corpo- ration could be punished by way of a fine or other sanc- tion for the wrongful acts of the management, so could a State be punished for the wrongful acts of its Govern- ment. (...) It could not trivialize the concept by treating it simply as a serious form of delictual responsibility.
Language:English
Score: 889451.6 - https://daccess-ods.un.org/acc...?open&DS=A/CN.4/SR.2535&Lang=E
Data Source: ods
SUMMARY RECORD OF THE 1202ND MEETING, HELD ON WEDNESDAY, 9 MAY 1973 : INTERNATIONAL LAW COMMISSION, 25TH SESSION, EXTRACT FROM THE YEARBOOK OF THE INTERNATIONAL LAW COMMISSION, 1973, VOL 1
Thus it could be said that an internationally wrongful act of a State engaged its international responsibility indirectly—which meant affirming that such respon- sibility existed—only on condition that the relationship between the concept of injury and the concept of respon- sibility was defined. 37. (...) That seemed to him to be an important point, since responsibility also existed for acts that were not wrongful. 39. Then again, with regard to article 1, if it was accepted that the concept of international responsibility was more or less linked with the concept of injury, was it possible to affirm that every internationally wrongful act of a State involved that State's international respon- sibility, without reference to the question of injury? (...) RAMANGASOAVINA said he was not completely satisfied with the wording of article 1, because in his opinion the idea of State responsibility was linked with a number of concepts, not only with that of the internationally wrongful act. 44.
Language:English
Score: 888870.5 - https://daccess-ods.un.org/acc...?open&DS=A/CN.4/SR.1202&Lang=E
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SIXTH REPORT ON INTERNATIONAL LIABILITY FOR INJURIOUS CONSEQUENCES ARISING OUT OF ACTS NOT PROHIBITED BY INTERNATIONAL LAW / BY JULIO BARBOZA, SPECIAL RAPPORTEUR
With regard to our draft, there are three main issues which we must consider in order to determine whether the concept can be extended to the "global commons", namely: (a) the concept of harm; (b) the concept of affected State; and (c) the applicability of responsibility for wrongfulness or "causal" liability. 72. (...) If the harm cannot be assessed, if there is no identifiable affected State and if responsibility must nevertheless be assigned to the extent that the source of the harm can be traced, as we noted when we answered the first question, it would seem that further thought must be given to certain basic legal concepts of responsibility and liability. D. Harm and responsibility for wrongfulness 78. (...) More or less the same considerations apply to activities "involving risk", except that here the logic of liability for risk applies naturally, since responsibility for wrongfulness cannot be applied to accidents without creating the problems which, in fact, led to the adoption, in domestic law, of the concept of "strict" liability. 86.
Language:English
Score: 888795.9 - https://daccess-ods.un.org/acc...pen&DS=A/CN.4/428/ADD.1&Lang=E
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SUMMARY RECORD OF THE 2613TH MEETING, HELD ON TUESDAY, 2 MAY 2000 : INTERNATIONAL LAW COMMISSION, 52ND SESSION, EXTRACT FROM THE YEARBOOK OF THE INTERNATIONAL LAW COMMISSION, 2000, VOL 1
France had suggested starting with the idea that all responsibility was the responsibility of a wrong- doing State to an injured State.3 Special Rapporteur Ago had favoured treating responsibility as something stem- ming from a State’s breach of an obligation and addressing the consequences of responsibility only after the obliga- tion had been defined.4 In other words, the concept of the injured State could be introduced at the very beginning or at the end of a logical construct, but article 40 put it squarely in the middle, without any consequent reasoning. (...) The basic principle, as stated in the Chorzów Factory case, was that the responsible State should make reparation for the consequences of its wrongful act, and provided that there was some concept of “direct and not too remote” implied in that wording, there was no reason to fear that the requirement to do so would deprive that State of its own means of subsistence. (...) He had for- mulated the obligation in respect of cessation by reference to the concept of the continuing wrongful act, which also took up that concept as rightly retained in Part One of the draft. 24.
Language:English
Score: 887715 - https://daccess-ods.un.org/acc...?open&DS=A/CN.4/SR.2613&Lang=E
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SUMMARY RECORD OF THE 16TH MEETING : 6TH COMMITTEE, HELD AT HEADQUARTERS, NEW YORK, ON WEDNESDAY, 25 OCTOBER 2000, GENERAL ASSEMBLY, 55TH SESSION
Draft articles 31 to 34 satisfactorily established that the responsible State was under an obligation to make full reparation, defined the concept of damage and stressed the need for a causal link between the wrongful act and the resulting injury. (...) International law had already established the existence of erga omnes obligations; the draft articles should codify the existing variations in concepts of responsibility in order to increase the effectiveness of response to specially serious wrongful acts and to prevent abuses. (...) While it was understandable that some might have second thoughts about the term “full reparation”, given that reparation was often unable to make up fully for the consequences of the wrongful act, the concept of “full reparation” in principle expressed the only just way of remedying the damage caused.
Language:English
Score: 887581.3 - daccess-ods.un.org/acce...?open&DS=A/C.6/55/SR.16&Lang=E
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SUMMARY RECORD OF THE 2267TH MEETING, HELD ON FRIDAY, 29 MAY 1992 : INTERNATIONAL LAW COMMISSION, 44TH SESSION, EXTRACT FROM THE YEARBOOK OF THE INTERNATIONAL LAW COMMISSION, 1992, VOL 1
In any event, if the concept of countermeas- ures against an internationally wrongful act was retained, in which case the concept would be closer to reprisals, it might then be possible to make a distinction between the issue of self-defence and the condemnation of armed re- prisals. 62. (...) For example, it might be worth considering to what extent the concept of force should be expanded to include economic coercion. (...) It was surprising that in one of the statements ear- lier in the meeting, a member of the Commission had introduced a new concept of an internationally wrongful act, although the term had appeared in the 35 draft arti- cles already adopted. 53.
Language:English
Score: 887538.7 - https://daccess-ods.un.org/acc...?open&DS=A/CN.4/SR.2267&Lang=E
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SUMMARY RECORD OF THE 2753RD MEETING, HELD ON WEDNESDAY, 7 MAY 2003 : INTERNATIONAL LAW COMMISSION, 55TH SESSION, EXTRACT FROM THE YEARBOOK OF THE INTERNATIONAL LAW COMMISSION, 2003, VOL 1
GaJa (special Rapporteur) said he agreed that there was indeed a translation problem, the reverse of the one that had come up during the drafting of the draft ar- ticles on state responsibility for internationally wrongful acts. the term “governmental functions” could be under- stood in many ways. the concept could be widened to comprise that of service public, as mentioned by Mr. (...) His only objection concerned the phrase “for acts that are wrong- ful under international law”. there seemed no reason to discard the terminology established in the draft articles on state responsibility, which had remained unchanged since the 1970s and was now firmly established in doctrine, and even in the jurisprudence of icJ. the wording “for inter- nationally wrongful acts” should be used. 21. (...) Pellet’s concern that the two concepts should not be separated, but he would be grateful if someone could clarify the history of the international tin council litigation for him. 38.
Language:English
Score: 887475.5 - https://daccess-ods.un.org/acc...?open&DS=A/CN.4/SR.2753&Lang=E
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