Abstract
Professor Arangio-Ruiz in his Fifth Report on State Responsibility and the Draft Articles contained therein proposed a three-step or three-tiered system for the settlement of disputes between States. The scheme envisaged would entail an initial attempt at conciliation, followed if necessary by arbitration, and would provide a final mechanism for judicial settlement The first question that conies to mind when reading these proposals is the scope of their application. Are they intended to cover the whole of Part Three of the Draft Articles, which concerns the settlement of disputes and the implementation (mise en acuvre) of international responsibility, or are they intended to deal only with one important issue, namely the settlement of disputes relating to counter-measures (reprisals)? The debate that followed the oral introduction of the Fifth Report to the TLC showed that this point was not clear to many members of the Commission.
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