State Responsibility

Question 1

Explain what primary rules are in international law on State Responsibility

Answer 1

-roles which create obligations or confer rights to the subject

Question 2

Explain waht secondary rules are in International Law on State Responsibility

Answer 2

-consequences are in vio. of prim. rules
-alter + creation + exception to prim. rules

Question 3

TRUE or FALSE: ARSIWA is a hard law document

Answer 3

FALSE: ARSIWA is soft law
-noted by GA in 2001
-CIL

Question 4

List the elements of state responsibility

Answer 4

1. Act
2. International law obligation violated
3. Attribution

Question 5

Define what an international obligation is

Answer 5

-Any obligation under international law

Question 6

Which acts of a state can violate an international obligation

Answer 6

-Any act or omission

Question 7

Where are the key elements of state responsibility laid out in case law?

Answer 7

-Tehran Hostages Case–> attribution to state + violation of INTL ob.

Question 8

What did the Salvador commercial case confirm?

Answer 8

-A state is responsible for the acts of its rulers
-whether they belong 2 leg., execu. or judicial dep. of the Gov.

Question 9

What did the Heirs of the Duc de Guise case confirm?

Answer 9

-Doesn’t matter if decision maker is central or regional authorities
-still imput. 2 state

Question 10

TRUE or FALSE: what state organs are is determined by national law

Answer 10

TRUE: Art. 4(2) ARSIWA

Question 11

What did the Velasquez Rodriguez case confirm in terms of state responsbility?

Answer 11

-doesn’t matter if organ contravened state law/ order
-still constitutes action of the state

Question 12

What the Nicaragua case confirm in terms of attribution?

Answer 12

-in order 2 establish that a a non stage organ + not given legal powers
-force’s actions are attributable to the state
- need to prove effect. control
-direct perpetration

Question 13

What did the Bolivar Railway Company case conclude about attribution?

Answer 13

-State responsibility can be attributed to insurrectional or other movements
-IF they become a state

Question 14

Which notions of attribution were applied in the Tehran Hostages Case?

Answer 14

-Conduct of organs of a state
-Art. 4 ARSIWA
-Omission of carrying out due dilligence in iviolab. of dip. premises
-Actions adopted
-Art. 11 ARSIWA
-holding diplomatic off. hos.
-state adop + endorse (seal of gov. approval)

Question 15

Are there any justifications for state responsibility?

Answer 15

Yes- Circumstances precluding wrongfulnss

Question 16

List the cirrcumstances precluding wrongfulness

Answer 16

1. Consent
2. Self-defence
3. Countermeasures
4. Force majeure
5. Distress
   6.Necessiry

Question 17

Define what a countermeasure is

Answer 17

-response 2 a violation of oblig of intl law
-thru vio. 2 induce fulfillment

Question 18

What did the Cysne case conclude in terms of circumstances precluding wrongfulness?

Answer 18

-CM can only be invoked against the injur. state
-not the allies

Question 18

What did the Savakar case conclude in terms of circumstances precluding wrongfulness

Answer 18

-Exemplified how CONSENT
=cpw

Question 19

Where are the articles on invocation of responsibility by an injured state?

Answer 19

-Art. 42-48 ARSIWA

Question 20

What did the Gabcikovo-Nagymaros Project conclude about conditions precluding wronfulness?

Answer 20

• C.50
• State of necessity–> have to be
  -1. only means of safeguarding an ess. interest
  -2.C.51 “grave and imminient periri
  3. Countermeasure has to be proportionate (C.87)