Introduction

The adoption by the International Law Commission in 2001 of its Articles on State Responsibility is an achievement that presents a paradox. This essay is about the form and authority of the Articles, and the paradox by which they could have more influence as an ILC text than as a multilateral treaty. This essay addresses the questions of what is the appropriate authority to be given an ILC text, why an ILC text may be given undue influence (particularly by arbitral tribunals) and how an arbitral tribunal should approach interpreting and applying the ILC Articles on State ...