The obligation of non-recognition of wrongful acts at the ilc’s draft articles on responsibility of states

Abstract

This article aims to report the contribution of the five special rapporteurs of the Draft Articles on the Responsibility of States codified by the UN International Law Commission (DARS or ARSIWA) to the obligation of non-recognition as a consequence of serious breaches of peremptory norms. The work uses an inductive methodology, resorting to the 32 reports written by the rapporteurs between 1948 and 2001, as well as some publications by scholars or by the rapporteurs themselves. Of a notably descriptive character, this work precedes the production of a critical study of the approach adopted by the CDI when codifying the obligation of non-recognition, in which will be examined the gaps and difficulties to be presented by it in terms of content, nature and applicability. The article’s conclusion regards that the ILC failed to provide the obligation under consideration with adequate treatment, so that significant notions remain to be clarified by the practice of States.