System of the law of nations: State responsibility part I.

This work is the first part of a study of the principles of state responsibility. The second part will be concerned with circumstances precluding wrongfulness, including the topic of lawful countermeasures. The study will cover the 'general principles' of state responsibility rather than particular areas of the incidence of state responsibility. At the same time the exposition necessarily involves considerable reference to matters of substance and in particular the question of 'causes of action' is taken up at some length. The writer has tried to keep a balance between the consideration of issues of 'pure' legal principle and necessary reliance upon the practice of states and the experience deriving from international judicial proceedings. The valuable work of the International Law Commission has been taken carefully into account. The intention is to present an account of the issue which reflects the relevant experience and thus is not based upon a narrow or fashionable conception of what is important, and moreover, to present a study which will be practical value. While the codification which may result from the work of the International Law Commission will be of benefit, it is not believed that such codification remove the existing problems. The subject-matter of responsibility is closed bound up with the precise technical problems which have to be faced in the process of applying principles and concepts. The significance of categorical formulations is much reduced in the narrow defiles of particular claims and circumstances. This volume forms part of s series of monographs on major aspects of the law of nations. That the first time to appear relates to state responsibility results from the casual fact that I have for long wanted an opportunity to expand on the treatment of the subject which appeared in my Principles of Public International Law, first published in 1966. I would express my gratitude to Grotius Publications Ltd., publishers of the International Law Reports (ed. E. Lauterpacht Q.C.), for permission to reproduce substantial passages from the Awards in the cases of B.P. v. Libyan Arab Republic and Texaco v. Libyan Arab Republic, contained in Volume 53 of the reports. In addition the diplomatic of which Mr. Lauterpacht is the editor.