The ILC Articles on State Responsibility ('ILC Articles') establish secondary rules in public international law on the existence and the parameters of a country's responsibility arising from a specific conduct. Although international tribunals systematically rely on the ILC Articles as applicable law, WTO adjudicators have relied on the ILC Articles only as an interpretation tool to clarify the meaning of WTO law. This article discusses the origins and the content of the ILC Articles and explores the issue of whether, and to what the extent, the ILC Articles could constitute applicable law in the WTO context.
Global Trade and Customs Journal