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

Abstract

Abstract 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.