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When states violate rules of international law, what are the legal consequences? I am researching a branch of international law called the law of state responsibility, which governs these consequences.
In the current debate on the law of state responsibility, it is a common assumption that the law of state responsibility has been formed around the practices of diplomatic protection and has had the function of eliminating material or moral damages which states suffer as a result of internationally wrongful acts. Starting with the question of whether the judgments of the Permanent Court of International Justice (PCIJ) and the International Court of Justice (ICJ) on diplomatic protection are consistent with this understanding, I am trying to point out the problems with this assumption and then reconstitute new and more proper understanding of the historical development of the law of state responsibility.
As a first step toward this goal, my doctoral dissertation examined the historical development of diplomatic protection. During my tenure at the Hakubi Center, I would like to re-examine the historical development of not only diplomatic protection but also the entire law of state responsibility.