國際法上 共同違法行爲 責任 -UN국제법위원회의 논의에 대한 검토-

Factually indivisible injury can be caused by concurrent, combined or concerted action of several States. Thus two or more States may be responsible for the same internationally wrongful act. In such a case, can each responsible State be under an obligation to make reparation for the whole or only part of the damage? Are claims to make full reparation for the whole damage against one State only admissible?By analysing the commentaries to the Draft Articles on Responsibility of States for Internationally Wrongful Act finally adopted by the International Law Commission in 2001 and the jurisprudence of international courts and tribunals, it is argued that in such cases the responsible States are under an obligation in solidum in the following sense: first, each responsible State is to account for the wrongful conduct as a whole; second, the responsibility of each State is not diminished or reduced by the fact that one or more other States are also responsible for the same act; third, the award would be satisfied as far as the injured State is concerned by payment in full made by any one of the responsible States; and fourth, other matters in respect of the relationship between the injured and the responsible States and the responsible States inter se are not regulated uniformly.