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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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