The International Court of Justice: Selected Issues of State Responsibility<sup>*</sup>

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI:
The International Court of Justice: Selected Issues of State Responsibility*

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Issues of state responsibility have engaged the attention of both the Permanent Court of International Justice and the International Court of Justice (ICJ). Issues of state responsibility before the ICJ may be said to have fallen into several broad categories: attribution of conduct to the state, the relationship of state responsibility to the jurisdictional basis for the dispute, the relationship of state responsibility to substantive law, and state responsibility and the designation of appropriate remedies for a breach. On October 10, 2002, in the ICJ’s judgment in the Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v Nigeria) case, a fifth aspect of the law of state responsibility, came very much into focus, namely, the place of the law of responsibility in a case principally concerning territorial title. This chapter also discusses requests for separate findings of state responsibility as a consequence of findings of illegal conduct, claims of state responsibility in territorial disputes, and when a distinct finding on responsibility should be requested.

Keywords: International Court of Justice; state responsibility; substantive law; remedies; breach; territorial title; illegal conduct; territorial disputes; Cameroon; Nigeria

Chapter.  7470 words. 

Subjects: Public International Law

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