Conclusion

This chapter summarises the results of the rational choice analysis and draws conclusions regarding the functioning of the international law of state responsibility and the extent to which it effectively contributes to the protection of community interests in international law. The analysis of the incentive structures of the ARSIWA underpins fundamental principles of the law of state responsibility, which are, at least partially, rooted customary international law, with an economic rationale (e.g. objective responsibility, private and public necessity, full compensation, and reciprocal countermeasures). The book also makes normative suggestions for the interpretation of provisions, which are unclear or incomplete, and for the further development of the ARSIWA to better account for the protection of community interests (e.g. liability for lawful acts, cost allocation following the invocation of circumstances precluding wrongfulness, crippling compensation or punitive damages, and third-party countermeasures). The theoretical insights from this book are meant to provide guidance from a social-scientific perspective for the interpretation and application of the ARSIWA on a case-by-case basis, in state negotiations or international adjudication.