Reports, vol. 21 (1989) and Noble (supra). Ventures Inc. vs. Romania 15. Paragraph 1 of the general commentary reported at page 31 of the Commentaries states: “These articles seek to formulate, by way of codification and progressive development, the basic rules of international law concerning the responsibility of States for their internationally wrongful acts. The emphasis is on the secondary rules of State responsibility: that is to say, the general conditions under international law for the State to be considered responsible for wrongful actions or omissions, and the legal consequences which flow therefrom. The articles do not attempt to define the content of the international obligations, the breach of which gives rise to responsibility. This is the function of the primary rules, whose codification would involve restating most of substantive customary and conventional international law.” 16. Thus where a primary rule exists that places an obligation under international law on a State, in the event that an allegation of non-compliance with such obligation is made against that State a number of other considerations would arise that the Articles seek to address. These considerations include the role of international law as distinct from the internal law of the State in characterizing conduct as unlawful, as well as a determination of the circumstances under which such conduct is attributable to the State as a subject of international law. See paragraph 3 of the general commentary to the Articles. REFERENCE No. 10 OF 2013 Page 9

Select target paragraph3