Lesson 19

Question 1

What is International Responsibility?

Answer 1

conduct attributed to an international legal subject which, constituting a violation of IL, harms the rights of another subject(s) of IL of even rights or interest of the international community, giving rise of the responsibility of the subject author of the act

Question 2

What are some of the general ideas of International Responsibility?

Answer 2

1) state-to-state relationship
2) repairing the damage caused
3) customary in nature
4) sanctions

Question 3

Legal Framework of International Responsibility?

Answer 3

ILC Draft Articles (2001) on Responsibility of States for Internationally Wrongful Acts

Question 4

What is the subsidiary character of the ILC Draft Articles (2001) on Responsibility of States for Internationally Wrongful Acts? Which Article?

Answer 4

general rules applicable to cases where there are no specific rules (art. 55)

Question 5

What are the 3 general principles of international responsibility?

Answer 5

1) any internationally wrongful act of a state creates international responsibility

2) the internationally wrongful act has 2 elements

3) qualification of the State’s act as internationally wrongful is governed by IL

Question 6

Two Elements of an Internationally wrongful act?

Answer 6

(1) it is attributed to the state according to IL

(2) it constitutes a violation of an international obligation of the state

Question 7

What Act Governs Internationally Wrongful Acts?

Answer 7

Art. 4 - 11 Draft Articles

Question 8

What conduct is attributes to the State?

Answer 8

1) conduct of organs of State
2) conduct of persons or entities exercising elements of governmental authority
3) excess of authority or contravention of instructions
4) conduct directed or controlled by a State
5) Triumphant insurrectional movement
6) Conduct acknowledged and adopted by a State as its own

Question 9

Things that are considered a violation of international obligations?

Answer 9

1) conduct of action or omission imposed by an International norm
2) existence of a breach of international obligation
3) origins of obligation
4) international obligation in force for a State when it acted

Question 10

Art. 13 ILC Draft articles ILC

Answer 10

international obligation in force for a State when it acted = contemporaneity principle

Question 11

What is the Contemporaneity Principle?

Answer 11

Principle of Contemporaneity. The terms of a treaty must be interpreted according to the meaning which they possessed, or which would have been attributed to them, and in the light of current linguistic usage, as at the time when the treaty was originally concluded

Question 12

What are the 6 circumstances precluding wrongfulness? which articles

Answer 12

1) Consent (art. 20)
2) Self-Defence (art. 21)
3) Countermeasures (art. 22)
4) force majeure (art. 23)
5) distress (art. 24)
6) necessity (art. 25)

Question 13

What is the limit to circumstances precluding wrongfulness/

Answer 13

you cannot invoke these circumstances in where the wrongfulness was a result of a violation of a peremptory norm

Question 14

What article outlines the effects related to circumstances precluding wrongfulness?

Answer 14

Art. 27

Question 15

What are the effects of a preclusion of wrongfulness?

Answer 15

1) they do not produce the termination of breached obligation
2) the obligation remains in force and must be fulfilled to the extent that the circumstances allow
3) it does not exempt the author from compensating for damages caused by their conduct

Question 16

If a violation of peremptory rules occurs then what are the obligations (4)?

Answer 16

1) obligation of all states to cooperate to need the violation by all lawful means
2) obligation not to recognize as lawful any situation created by the violation
3) obligation not to provide help or assistance to maintain the situation
4) multilateral relationship –> allow all states to demand the cessation of the violation

Question 17

What is the right to invoke?

Answer 17

file a claim against another State or by intimating proceedings before an international court

Question 18

What is the duty to notify?

Answer 18

the responsible state that their is a claim for international responsibility

Question 19

What can the injured State do?

Answer 19

1) invoke international responsibility
2) notify the responsible state
3) adopt countermeasures to induce the responsibility

Question 20

What is the continued duty of performance?

Answer 20

duty of the responsible State to perform the obligation breached

Question 21

What is ceasing non-compliance?

Answer 21

responsible State must cease non-compliance + offer assurances and guarantees of non-repetition

Question 22

What is the obligation to prepare the damage caused?

Answer 22

responsible state must repair

Question 23

What are the 4 obligations of international responsibility?

Answer 23

1) continued duty of performance
2) cease non-compliance
3) obligation to repair the damages caused
4) reparation of damage at the State level

Question 24

Does the state have an obligation fully repair the damages caused?

Answer 24

yes

Question 25

What does damages include?

Answer 25

material damages and moral damages caused by the wrongful act

Question 26

What are the 3 forms of repair?

Answer 26

1) Restitution
2) Compensation
3) Satisfaction

Question 27

what is the new relationship after a wrongful act?

Answer 27

international responsibility

Question 28

What are the two parts of international responsibility?

Answer 28

1. the responsible party has a duty of cessation, non-repetition and reparation
2. the victim has the right, as appropriate, to restitution, compensation and/or satisfaction, single or in combination