Constitutionalization and the Unity of the Law of International Responsibility

Abstract

The law of international responsibility fulfills essentially two functions: reparation for injury and protection of the rule of law and global order. Notwithstanding the fundamental difference between these objectives, the law of international responsibility traditionally has been conceived in unitary norms consisting of a single set of principles that applies to all breaches of rules of international law. With the further development of international law that unity becomes difficult to maintain. On the one hand, there is an increasing need for a further refinement of liability principles for the determination of compensation for injury. On the other hand, the process of constitutionalization of international law poses entirely different accountability requirements to which the law of international responsibility should contribute. Maintaining unity may lead to inconsistencies and hinder the refinement of the law of international responsibility that is necessary to deal with the various types of responsibility and accountability issues of modern international law, thereby marginalizing the law of responsibility.