Il regime aggravato della responsabilità degli Stati nel diritto internazionale

Abstract

The adoption by the International Law Commission (ILC) of the Draft articles on Responsibility of States for Internationally Wrongful Acts (2001) marked the end of a codification process lasted nearly fifty years. While the Draft articles as a whole enjoyed a very positive reception by the international community, it was not the same for those articles concerning one of the most controversial issues of the matter, i.e. the identification of a special regime (so-called “aggravated”) of international responsibility, as a consequence of the most serious breaches of international law. This research aims to assess the effectiveness of the aggravated regime of international responsibility contained in the 2001 ILC’s Draft Articles, analyzing the work of the International Law Commission through the opinions of international law scholars’ and the relevant international judicial decisions