Responsibility Flashcards
1
Q
Source for state responsibility?
A
International law commission 2001
2
Q
4 progressive points of state responsibility?
A
- Wrongful act (doing/not doing, omission
a. Treaty violation or
b. Give harm to another state - Damage as a result
- Attribution of wrongful act
- Cause to lift up the responsibility.
3
Q
2 elements of responsibility
A
Objective - breach or not
Subjective - attributable or not
4
Q
3 parts of state which is attributable to wrongful act.
A
Control of subjects, state organs, state agents
5
Q
2 types of damage
A
Immediate and continuous
6
Q
5 causes to lift responsibility?
A
- Consent
- Self defense
- Counter measures
- Force majeur
- Etat de necessite
7
Q
4 grave crimes
A
- Act of aggression
- Crime against humanity
- War crimes
- Genocide
8
Q
Ultra vires?
A
ANY act of state official/ attributable person
9
Q
3 consequences of wrongful act and state responsibility?
A
- Cessation’s 2. Reparation 3. Counter measures.