As with all treaties, private international law treaties are sources of international obligations, the violation of which forms an internationally wrongful act entailing the international responsibility of the state that has committed it. Despite the scarcity of inter-state disputes on this subject matter, identifying the consequences of the breach of a private international law treaty by a state party could contribute to a better understanding of how these treaties work and whether international state responsibility represents a useful tool to ensure their effectiveness. This study is devoted to these aspects. It explores: (1) the relevant treaty obligations and the state’s conduct potentially qualifying as a breach; (2) the state (or states) entitled to invoke state responsibility for the breach of a PIL treaty and (3) the remedies available.
State international responsibility for breach of private international law treaties / Z. Crespi Reghizzi. - In: JOURNAL OF PRIVATE INTERNATIONAL LAW. - ISSN 1744-1048. - 22:1(2026), pp. 25-50. [10.1080/17441048.2026.2643019]
State international responsibility for breach of private international law treaties
Z. Crespi Reghizzi
2026
Abstract
As with all treaties, private international law treaties are sources of international obligations, the violation of which forms an internationally wrongful act entailing the international responsibility of the state that has committed it. Despite the scarcity of inter-state disputes on this subject matter, identifying the consequences of the breach of a private international law treaty by a state party could contribute to a better understanding of how these treaties work and whether international state responsibility represents a useful tool to ensure their effectiveness. This study is devoted to these aspects. It explores: (1) the relevant treaty obligations and the state’s conduct potentially qualifying as a breach; (2) the state (or states) entitled to invoke state responsibility for the breach of a PIL treaty and (3) the remedies available.| File | Dimensione | Formato | |
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