Abstract

Abstract Chapter I offers a reconstruction of the definition of attribution for the purposes of State responsibility for internationally wrongful acts, drawing from the history and travaux of the process of codification of the international law of State responsibility that resulted in the adoption by the International Law Commission in 2001 of the text of the ARSIWA (Draft Articles on Responsibility of States for Internationally Wrongful Acts). This part emphasizes the preliminary operation and role of rules of attributability in comparison to the other ‘secondary’ rules of international law. In addition, it discusses the threshold principle of the supremacy of international law in order to convey the autonomous dimension of attributability issues in international law vis-à-vis municipal law. Last, it illustrates the distinction between issues of attribution, on the one hand, and issues of jurisdiction and of State immunity, on the other.

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