state responsibility

Question 1

responsibility

Answer 1

bearing consequences for damages resulting from unlawful actions

Question 2

liability

Answer 2

bearing consequnces for damages resulting from lawful actions. It is not customary law, and only been included in multilateral treaties.

Question 3

genuine liability

Answer 3

obliges state to compensate
eg. Convention on Liability for Damage Caused by Space Objects 1972

Question 4

private operator is liable

Answer 4

→ particularly risky/dangerous activities with high damage potential (e.g. operation of nuclear power plants)
→ particularly dangerous goods (e.g. transport of highly toxic waste)

Question 5

conditions for responsibility

Answer 5

(1) unlawful act (breach of international law)
(2) attributable to state

Question 6

attributability of actions of private actors

Answer 6

(1) in case of delegation of sovereign function attribution of the
outsourced institution

(2) when a state exercises effective control over them: state prescribes precise conduct (command structure) eg. Nicaragua case 1986, Bosnian Genocide case 2007

(3) or when a state acknowledges and adopts the conduct in question as its own: eg. Tehran Hostages

(4) an insurgent movement becomes new government

Question 7

circumstances precluding wrongfulness

Answer 7

(1) consent: voluntary, without coercion and the injured norm permits it
(2) self-defence: Art 51 UN Charter
(3) permissible countermeasures

(4) force majeure: wrongfulness results from irresistible force, materially impossible to perform the obligation (e.g. fighter jet enters the airspace of another country due to atmospheric disturbances)

(5) situation of emergency (Gabčíkovo-Nagymaros case/Hungary-Slovakia): only way for the state to safeguard an essential interest and is against a grave and imminent peril

(6) situation of distress (person cannot act otherwise)

but! it is ineffective if the violation was of ius cogens!!!

Question 8

consequences of breach

Answer 8

(1) restitution
(2) payment of compensation
(3) satisfaction

Question 9

restitutio in integrum

Answer 9

restore the situation before the wrongful act was committed

Question 10

compenstation

Answer 10

positive damage: damnum emergens
loss of profits: lucre cessans (if established and not purely speculative)

Question 11

satisfaction

Answer 11

if breach has only caused non-material damages that is not financially assessable.
It may consist of a formal apology and express of regret or judgement in international court.

Question 12

principle of non-recognition

Answer 12

if an ius cogens was breached, other states must not recognise the consequences, eg. annexation of territory obtained by use of force.

Question 13

invocation

Answer 13

1. the (directly) injured state:
   – bilateral treaty
   – violation of territorial integrity
2. for obligations, which protect collective interests (erga omnes obligations)
   – every other state, to which the obligation is owed e.g. human rights (ECHR, state complaints)

Question 14

admissability of countermeasures

Answer 14

1. object of countermeasure is cessation of the breach
2. proportionate to injury
3. must not violate prohibiton of use of force, fundamental human rights, ius cogens, must not interfere with diplomatic immunities and norms fo dispute settlement
4. must be notified to affected state before taken
5. terminated as soon as they end the breach or submit to legal proceedings