ARS Draft Articles on the Responsibility of States for Internationally Wrongful Acts (UN GA RES 56/83 2001)
ARS
Draft Articles on the Responsibility of States for Internationally Wrongful Acts (UN GA RES 56/83 2001)
- The wrongfulness of an act of a State not in conformity with an international obligation of that State is precluded if the act is due to force majeure, that is the occurrence of an irresistible force or of an unforeseen event, beyond the control of the State, making it materially impossible in the circumstances to perform the obligation.
- Paragraph 1 does not apply if:
(a) The situation of force majeure is due, either alone or in combination with other factors, to the conduct of the State invoking it; or
(b) The State has assumed the risk of that situation occurring.
Imported: