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PIL > International responsibility > Flashcards

International responsibility Flashcards

1
Q

PCIJ, Charzow factory case

A

“any breach of agreement involves an obligation to make reparation”

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2
Q

Art 103, UN charter

A

Conflict between members => UN Charter norms prevails

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3
Q

Article 59

A

UN Charter = basis

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4
Q

Article 55

A

Lex specialis

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5
Q

Article 56

A

Lex posterior

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6
Q

Articles 3/32

A

Irrelevance of domestic law

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7
Q

Articles 57/58

A

= States
- Not IO
- Not individuals

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8
Q

Articles 1/2

A

Breach of an obligation + attributed to a state = international Wrongful act = international responsibility

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9
Q

Article 13

A

Breach : law in force at the moment

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10
Q

Article 14/15

A

Single/ composed act

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11
Q

Article 33

A

Scope
- One State
- Several States
- Community as a whole

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12
Q

Article 42

A

Invoke responsibility => injured state

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13
Q

Article 48

A

Invoke responsibility => other states

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14
Q

Article 40

A

Serious breach of peremptory norms

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15
Q

Article 41

A

= specific consequences

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16
Q

Article 20

17
Q

Article 21/22

A
  • Self defense
  • Countermeasures

Reciprocity : previous violation = right to breach the obligation (strict exception)

18
Q

Article 23

A

Force majeure : no other choice / necessary

19
Q

Article 26

A

Breach of peremptory rules : no circumstances precluding wrongfulness

20
Q

Article 4

A

Act of an organs of the state : attributed to a state

21
Q

Article 5

A

Act of a representative of the state : attributed to the state

22
Q

Article 7

A

Ultra vires act : attributed to the state

23
Q

Article 8

A

If effective controle of mercenaries : attributed to the state

24
Q

Article 9

A

If no condamnation of the acts of the citizens : attributed to the state

25
Q

Article 16

A

Aid a state in the commission of an internationally wrongfull act : responsible if
- knowledge of the circumstances
- if it commited it itself = wrongful act

26
Q

Article 29

A

Continued duty of performance

27
Q

Article 30

A
  • Cessation
  • “offer appropriate assurances and guarantees of non-repetition”
28
Q

Article 31

A
  • Full reparation for injury
  • Injury : damage material/ moral
29
Q

Article 39

A

Contribution of injury

30
Q

Article 34

A

Form of reparation : single or combined

31
Q

Article 35

A

Restitution

32
Q

Article 36

A

Compensation => money

33
Q

Article 37

A

Satisfaction => formal apology (moral damages)

34
Q

CPIJ, Usine de Charzow

A

“erase all the consequences of the unlawful act”

PIL (11 decks)

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