Lesson 19 Flashcards
What is International Responsibility?
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
What are some of the general ideas of International Responsibility?
1) state-to-state relationship
2) repairing the damage caused
3) customary in nature
4) sanctions
Legal Framework of International Responsibility?
ILC Draft Articles (2001) on Responsibility of States for Internationally Wrongful Acts
What is the subsidiary character of the ILC Draft Articles (2001) on Responsibility of States for Internationally Wrongful Acts? Which Article?
general rules applicable to cases where there are no specific rules (art. 55)
What are the 3 general principles of international responsibility?
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
Two Elements of an Internationally wrongful act?
(1) it is attributed to the state according to IL
(2) it constitutes a violation of an international obligation of the state
What Act Governs Internationally Wrongful Acts?
Art. 4 - 11 Draft Articles
What conduct is attributes to the State?
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
Things that are considered a violation of international obligations?
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
Art. 13 ILC Draft articles ILC
international obligation in force for a State when it acted = contemporaneity principle
What is the Contemporaneity Principle?
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
What are the 6 circumstances precluding wrongfulness? which articles
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)
What is the limit to circumstances precluding wrongfulness/
you cannot invoke these circumstances in where the wrongfulness was a result of a violation of a peremptory norm
What article outlines the effects related to circumstances precluding wrongfulness?
Art. 27
What are the effects of a preclusion of wrongfulness?
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
If a violation of peremptory rules occurs then what are the obligations (4)?
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
What is the right to invoke?
file a claim against another State or by intimating proceedings before an international court
What is the duty to notify?
the responsible state that their is a claim for international responsibility
What can the injured State do?
1) invoke international responsibility
2) notify the responsible state
3) adopt countermeasures to induce the responsibility
What is the continued duty of performance?
duty of the responsible State to perform the obligation breached
What is ceasing non-compliance?
responsible State must cease non-compliance + offer assurances and guarantees of non-repetition
What is the obligation to prepare the damage caused?
responsible state must repair
What are the 4 obligations of international responsibility?
1) continued duty of performance
2) cease non-compliance
3) obligation to repair the damages caused
4) reparation of damage at the State level
Does the state have an obligation fully repair the damages caused?
yes
What does damages include?
material damages and moral damages caused by the wrongful act
What are the 3 forms of repair?
1) Restitution
2) Compensation
3) Satisfaction
what is the new relationship after a wrongful act?
international responsibility
What are the two parts of international responsibility?
- the responsible party has a duty of cessation, non-repetition and reparation
- the victim has the right, as appropriate, to restitution, compensation and/or satisfaction, single or in combination
