ILC, Humanitarian law & WTO

Question 1

Attribution of the responsibility of a state

Answer 1

1. Attribution: the act or omission must be attributable to that state. This is met if it the action was carried out by the organs of the state or others who have acted under the direction, instigation or control of them
2. Breach of an international regulation: this is met when is not in conformity with what is required of it with that obligation. No harm principle–> rule of customary inter. law
3. No defenses: from 20-25 art. ILC Draft articles

Consequences: Art. 30 and 31 ILC Draft articles.

Question 2

What Is humanitarian law?

Answer 2

The main purpose of it is to solve humanitarian problems, which arise in case of an armed conflict

Question 3

Basic principles of humanitarian law?

Answer 3

• Principle of proportionality: the military importance must be proportionate with the goal pursued (excessive attacks are prohibited)
• Principle of distinction: distinguish between civilian population & combatants

-Prohibitions of weapons which uselessly aggravate the suffering: weapons, projectiles, materials and methods which its nature is to cause superflous injury or unnecessary suffering.

Question 4

ICC. Scope of application

Answer 4

Art. 13 Rome Statute

Question 5

IMF

Answer 5

inter. monetary fund
main function overseeing the international monetary system and ensuring the stability of the inter. fin. system (doing things such as technical assistance, check members economic policies, lender of last resort)

Question 6

IBRD (WORLD BANK)

Answer 6

It has the mandate of assisting developing countries in their reconstruction and development.

Question 7

WTO Settlement dispute

Answer 7

(functions in Art. 3 WTO agreement.)
1st stage: Consultation (up to 60 days): dialogue to try to resolve their issues (also with third parties).

2nd stage: the panel (45 days + 6 months). Panel’s final report is given to the parties.

3rd stage: possible appeal panels ruling (only legal questions) and 60-90 days.

4rd: then submitted to BSD and they have to accept it in 30 days.

5rd stage: DBS monitors the implementation of adopted panel recommendations.