320. Distinction between primary and secondary rules.

In discussing the law of international responsibility, a distinction is often drawn between the primary rules of international law, which lay down the substantive obligations of states or other international actors, and the secondary rules which make up the law of international responsibility1. The law of international responsibility consists of the secondary rules which govern:

  1.  

    (1)     the circumstances in which conduct is to be regarded as attributable to a state or international organisation so as to be capable of giving rise to its international responsibility2;

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    (2)     when an international obligation has been breached by a state or international organisation,