Session 10

Question 1

Define political pressure

Answer 1

loss of credibility on the international, and national scene; loss of support from main economic partners/friendly States; threat of economic and diplomatic sanctions; institutional sanctions
It is a measure of retorsion

Question 2

Define individual measures

Answer 2

Individual measures adopted by States = reprisals: → legal basis for the reprisal: original international wrongful act

Question 3

What is the condition for collective coercive measure

Answer 3

existence of a threat or breach of the international peace and security (under Art. 39) → SC cannot apply coercive measures to ANY violation of international law

Question 4

Define state responsibility

Answer 4

automatic consequence of any violation of IL

= new legal relationship arises if a State commits an internationally wrongful act

Question 5

What are the obligation attributed to a state when it is deemed responsible of something

Answer 5

Obligation to cease the violation, or to repair the harmful consequences

Question 6

Who codifies and develops rules of international responsibility?

Answer 6

The International Law Commission of the United Nations

Question 7

What is the overall make up of the commission of the united nations?

Answer 7

• 34 members, international lawyers

Equal representation of regions, different culture

Question 8

What can be the outcome of the ILC work?

Answer 8

It can recommend the GA

• To take no action
• To take note of or adopt the report by resolution
• To recommend the draft to members with a view to the conclusion of a convention
• to convoke a conference to conclude a convention

Question 9

Which source of law provides for state responsibility

Answer 9

Draft articles on Responsibility of States for Internationally Wrongful Acts, 2001

Question 10

What does article 1 provide for (draft articles)

Answer 10

Any wrongful fact entails the international responsibility of a state

Question 11

What does article 2 provide for? (draft articles)

Answer 11

An act is considered internationally wrongful when it is attributable to the state under international law; and when it constitutes a breach of an international obligation of the state

Question 12

Which article of the draft articles evokes cessation and non-repetition?

Answer 12

Article 30

Question 13

Which article of the draft articles evokes reparation?

Answer 13

Article 31

Question 14

What are the different kinds of reparation?

Answer 14

Resitution, compensation, satisfaction

Question 15

Define restitution

Answer 15

to re-establish the situation which existed before (if materially possible; if proportional burden)

Question 16

Define compensation

Answer 16

to compensate for the damage caused (if restitution not possible); shall cover any financially assessable damage including loss of profits

Question 17

Define satisfaction

Answer 17

acknowledgement of the breach, expression of regret, formal apology or other; proportionate to the injury (not humiliation)

Question 18

How to give effect to the obligation of cessation and reparation which arise for the responsible state?

Answer 18

State responsibility arises under IL automatically but to start the implementation, it must be invoked by an injured State

Question 19

How does the mise-en-oeuvre of State responsibility work?

Answer 19

1) Effective invocation
2) Determination of the responsible subject
3) Recourse through states

Question 20

Which circumstances preclude wrongfulness?

Answer 20

Under chapter V:

• Consent
• Self-defense
• Countermeasures
• Force majeure
• Involuntary
• Distress
• Necessity
• Conflict between interest and obligation of the state

Question 21

Define force majeure

Answer 21

involves conduct which is involuntary or coerced + voluntary conduct (although choice diminished):

Question 22

Define distress

Answer 22

consists in danger to the lives of individuals in the charge of a State official

Question 23

Define necessity

Answer 23

consists in a grave danger either to the essential interests of the State or of the international community as a whole

Question 24

What is the general condition to the preclusion of wrongful act?

Answer 24

compliance with peremptory norms