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1 The source of obligation and the establishment of State responsibility 1 The source of obligation and the establishment of State responsibility
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2 The source of obligation and the scope and content of responsibility incurred 2 The source of obligation and the scope and content of responsibility incurred
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3 Concluding remarks 3 Concluding remarks
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Further reading Further reading
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33.3 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Self-Defence
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35 Allocation of Responsibility for Harmful Consequences of Acts not Prohibited by International Law
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Cite
Extract
The source of obligation and the establishment of State responsibility
Until relatively recent times, there has been little discussion of the question whether the source of an obligation breached has bearing on the applicable regime of responsibility. For example, if the obligation breached derives from a bilateral or multilateral treaty, a rule of general international law, a general principle of international law, a general principle of law, or a unilateral act, does this difference in source somehow influence the regime of responsibility? Of course it is possible for special self-contained regimes of responsibility for particular types of breach to be developed, in which case the general regime of responsibility will be excluded (the lex specialis principle, see ILC article 55, and Chapter 13 above). But apart from this exception, is there any systematic distinction in international law between breaches of obligations, for example, arising from treaties and those arising in other ways?
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