L4 - International General Liability Regime

Question 1

Law of Liability

Answer 1

• Constitutive elements of liability
o Breach of law – violation of international law attributable to a state (state action or state negligence in case of citizen action)
o Damage – damage caused to a subject of law
o AND there is a causal connection between the breach of law and the damage
o Exceptions:
• Abuse of rights – State A exercised a right which damaged State B and the negative effects for B > positive effects for A ∴ A is liable
• Objective liability regimes – ultra hazardous activities, so failure to control such activities creates an unusual risk to others ∴ liability declared w/out proving fault
• Circumstances precluding wrongfulness
o Consent of victim, countermeasures (one state breaks law to stop another state who is already breaking law), force majeure (unforeseen event beyond the states control, i.e. tsunami), extreme distress, grave & imminent peril (i.e. sending navy to stop oil spill), self-defence
• Cessation of wrongful action
• Reparation – in kind, monetary compensation (actual or future loss), moral satisfaction (apology), assurances and guarantees of non-repetition

Question 2

Settlement of Disputes

Answer 2

• Obligation to pacific settlement via negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, etc.
• No specific court – both parties must agree on court

Question 3

Use of force in international relations

Answer 3

• Unilateral use of force - this has been generally renounced by states w/exception of self-defence (NOT preventive self-defence)
• UN Collective measures based on Security Council