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40 Vand. J. Transnat'l L. 611 (2007)
Coercion, Causation, and the Fictional Elements of Indirect State Responsibility

handle is hein.journals/vantl40 and id is 623 raw text is: VANDERBILT JOURNAL
of TRANSNATIONAL LAW
VOLUME 40                    MAY 2007                    NUMBER 3
Coercion,              Causation,                and         the
Fictional Elements                          of      Indirect
State Responsibility
James D. Fry*
ABSTRACT
This Article provides an in-depth analysis of Article 18 of the
2001 ILC Draft Articles on State Responsibility, which holds a
coercing state indirectly responsible for an injurious act committed by
a coerced state. Not only does this provision lack support from state
practice, but the structural and logical flaws within the current
formulation ensure that this provision does not significantly influence
the evolution of state practice. Indeed, it would have been better for
the ILC to have left Article 18 out of the Draft Articles, given that
other, less problematic provisions could have covered such situations
involving coercion. In reaching this conclusion, this Article explores
the fascinating roles that coercion and causation play within the law
of state responsibility.
* Fellow, University of Geneva Faculty of Law; Teaching Assistant, International
Law Section, Graduate Institute of International Studies, Geneva. LL.M. (Leiden
University Faculty of Law); J.D. (Georgetown University Law Center); M.I.A.
(Columbia University); B.A. (Brigham Young University). The Author thanks Andrea
Bianchi, Camille Cosendai, Jean d'Aspremont, John Dugard, David Fry, August
Reinisch, Thomas Schultz, and Ramses Wessel for their comments on earlier drafts of
this Article.

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