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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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The International Law Commission's Articles on State Responsibility and the German Federal Constitutional Court

The International Law Commission's Articles on State Responsibility and the German Federal Constitutional Court

Chapter:
(p.1298) The International Law Commission's Articles on State Responsibility and the German Federal Constitutional Court
Source:
From Bilateralism to Community Interest
Author(s):

Theodor Schweisfurth

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0079

This chapter deals with the critical appraisal of the decision which the Second Senate of the German Federal Constitutional Court (FCC) handed down on 26 October 2004. With respect to the question of the relevance of the International Law Commission's (ILC) Draft Articles on State Responsibility to the practice of UN member States, and especially the practice of their domestic courts, this decision is so far the most important as well as the most problematic decision of the German Federal Constitutional Court.

Keywords:   German Federal Constitutional Court, international law, domestic courts, Second Senate

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