The Annual Spring Conference of the British Branch of the International Law Association, organised and hosted by Queen Mary, University of London on 23 April 2021, will deal with the connection between the law of treaties and the law of international responsibility.
The connection between the law of treaties and the law of international responsibility is a seemingly resolved question. Following the Rainbow Warrior award and the Gabčíkovo-Nagymaros judgment, it is now commonplace to think of the law of treaties and the law of international responsibility as being in a relationship of ‘functional separation’. The law of treaties relates to so-called ‘primary rules’; it serves to create obligations for States and establish their validity and scope. The law of international responsibility is a set of ‘secondary rules’, and it serves to determine when those primary rules, established by treaty, have been breached and what consequences follow. Their ‘function’ is different and, as such, they apply side-by-side.
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