Is there an exception to the principle of full reparation in international law of State responsibility for cases where full compensation is ‘crippling’ for the responsible State or its peoples (to use the terminology of the International Law Commission (‘ILC’))? In the recent oral proceedings in the Armed Activities on the Territory of the Congo…

Lady Bracknell is not often relied on as an authority on matters relating to international dispute settlement. Perhaps unjustifiably so; some of the recent debates do bring to mind her remark about end-of-season conversations, ‘when everyone has practically said whatever they had to say, which, in most cases, was probably not much’ (I). ESIL Reflections of…

I am grateful to Jessica Howley and Rob Howse for their thoughtful comments. This post replies to each of their responses. My response to Jessica Howley will focus on the first and third questions that both, albeit in different ways, challenge my argument that choice is the right criterion for distinguishing the…