The ILC's Articles on Responsibility of States for Internationally Wrongful Acts: Completion of the Second Reading

In 2001 the International Law Commission finally adopted on second reading the Draft Articles on Responsibility of States for Internationally Wrongful Acts with commentaries, bringing to an end nearly 50 years of ILC work on the subject. This article reviews the final group of changes to the text, focusing on the definitions of ‘injury’ and ‘damage’, assurances of non‐repetition in the light of the LaGrand case, procedural aspects of countermeasures and the controversy over measures taken in response to a breach by states which are not individually injured. The focus of debate now turns to the UNGA Sixth Committee, which will have to decide what to make of the Draft Articles. The ILC itself recommended an initial resolution taking note of the Articles, with subsequent consideration (after a period of years) of a possible diplomatic conference with a view to concluding a convention. This modest proposal allows for further reflection on the text and may help to avoid possibly divisive and inconclusive debate in the Sixth Committee. At the same time it allows time for better understanding of the many changes made as compared with the first reading text (1996).

The Australian Parliament: A Gendered Organisation

Limited work has been undertaken on the subject of gender and Australian parliamentary institutions. This study of 13 male and 15 female members of the Australian parliament addresses this gap in the literature. Data from the study are used to explore the ways in which the institutions of political office operate as ‘gendered organisations’ (Acker 1990). What emerges from this analysis is the pervasiveness of gender across the processes, practices and discourses of the parliament. This is a space infused with hegemonic masculinity. This gendering is, however, normalised and/or minimised by many of the parliamentarians involved in the study.