Session 10 Flashcards
Define political pressure
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
Define individual measures
Individual measures adopted by States = reprisals: → legal basis for the reprisal: original international wrongful act
What is the condition for collective coercive measure
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
Define state responsibility
automatic consequence of any violation of IL
= new legal relationship arises if a State commits an internationally wrongful act
What are the obligation attributed to a state when it is deemed responsible of something
Obligation to cease the violation, or to repair the harmful consequences
Who codifies and develops rules of international responsibility?
The International Law Commission of the United Nations
What is the overall make up of the commission of the united nations?
- 34 members, international lawyers
Equal representation of regions, different culture
What can be the outcome of the ILC work?
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
Which source of law provides for state responsibility
Draft articles on Responsibility of States for Internationally Wrongful Acts, 2001
What does article 1 provide for (draft articles)
Any wrongful fact entails the international responsibility of a state
What does article 2 provide for? (draft articles)
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
Which article of the draft articles evokes cessation and non-repetition?
Article 30
Which article of the draft articles evokes reparation?
Article 31
What are the different kinds of reparation?
Resitution, compensation, satisfaction
Define restitution
to re-establish the situation which existed before (if materially possible; if proportional burden)
Define compensation
to compensate for the damage caused (if restitution not possible); shall cover any financially assessable damage including loss of profits
Define satisfaction
acknowledgement of the breach, expression of regret, formal apology or other; proportionate to the injury (not humiliation)
How to give effect to the obligation of cessation and reparation which arise for the responsible state?
State responsibility arises under IL automatically but to start the implementation, it must be invoked by an injured State
How does the mise-en-oeuvre of State responsibility work?
1) Effective invocation
2) Determination of the responsible subject
3) Recourse through states
Which circumstances preclude wrongfulness?
Under chapter V:
- Consent
- Self-defense
- Countermeasures
- Force majeure
- Involuntary
- Distress
- Necessity
- Conflict between interest and obligation of the state
Define force majeure
involves conduct which is involuntary or coerced + voluntary conduct (although choice diminished):
Define distress
consists in danger to the lives of individuals in the charge of a State official
Define necessity
consists in a grave danger either to the essential interests of the State or of the international community as a whole
What is the general condition to the preclusion of wrongful act?
compliance with peremptory norms
