Coercion, causation, and the fictional elements of indirect state responsibility. Vanderbilt Journal of Transnational Law | May 1, 2007| | COPYRIGHT 2007 Vanderbilt University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information) Copyright

ABSTRACT

This Article provides an in-depth analysis of Article 18 of the 2001 ILC Draft Articles on State Responsibility, which holds a coercing state indirectly responsible for an injurious act committed by a coerced state. Not only does this provision lack support from state practice, but the structural and logical flaws within the current formulation ensure that this provision does not significantly influence the evolution of state practice. Indeed, it would have been better for the ILC to have left Article 18 out of the Draft Articles, given that other, less ...

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