Responsibility Flashcards

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1
Q

Source for state responsibility?

A

International law commission 2001

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2
Q

4 progressive points of state responsibility?

A
  1. Wrongful act (doing/not doing, omission
    a. Treaty violation or
    b. Give harm to another state
  2. Damage as a result
  3. Attribution of wrongful act
  4. Cause to lift up the responsibility.
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3
Q

2 elements of responsibility

A

Objective - breach or not

Subjective - attributable or not

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4
Q

3 parts of state which is attributable to wrongful act.

A

Control of subjects, state organs, state agents

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5
Q

2 types of damage

A

Immediate and continuous

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6
Q

5 causes to lift responsibility?

A
  1. Consent
  2. Self defense
  3. Counter measures
  4. Force majeur
  5. Etat de necessite
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7
Q

4 grave crimes

A
  1. Act of aggression
  2. Crime against humanity
  3. War crimes
  4. Genocide
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8
Q

Ultra vires?

A

ANY act of state official/ attributable person

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9
Q

3 consequences of wrongful act and state responsibility?

A
  1. Cessation’s 2. Reparation 3. Counter measures.
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