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Public International Law > T4 CASELAW > Flashcards

T4 CASELAW Flashcards

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1
Q

What are the subtopics of State responsibility for IWA?

A
  1. Origins of the doctrine
  2. IWA
  3. Doctrine of attribution
  4. Breach of an international obligation
  5. Enforcing responsibility (injured and non-injured states; cessation, reparation and standing)
  6. Circumstances precluding wrongfulness (consent, self-defence, countermeasures, force majeure, distress and necessity)
  7. Responsibility of international organisations.
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2
Q

Which case deals with the origins of the doctrine of attribution?

A

Spanish Zone Morocco Claims case.

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3
Q

What are the cases for IWA?

A
  1. Case Concerning the US Diplomatic and Consular Staff in Tehran
  2. Phosphates in Morocco.
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4
Q

What are the cases for doctrine of attribution?

A
  1. Lighthouse Arbitration between France and Greece
  2. LaGrand
  3. Gustav Caire v United Mexican States
  4. Thomas Youman v United Mexican States
  5. Military and Paramilitary Activities in and against Nicaragua
  6. Case Concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia v Serbia)
  7. G.L. Solis v United Mexican States
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5
Q

What are the cases for breach of an international obligation?

A
  1. Barcelona Traction
  2. LaGrand
  3. Chorzow Factory
  4. South West Africa cases
  5. Certain Phosphate Lands in Nauru
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6
Q

What are the cases for circumstances precluding wrongfulness?

A
  1. Chorzow Factory
  2. Customs Regime
  3. Case Concerning the Gabcikovo-Nagymaros Project (Hungary v Slovakia)
  4. Rainbow Warrior (NZ v France)
  5. Societe Commerciale de Belgique (Belgium v France)
  6. Spanish Zone of Morocco Claims.
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7
Q

What are the cases for responsibility of international organisations?

A
  1. Prosecutor v Dragan Nikolic
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8
Q

What are the ARSIWA articles dealing with the doctrine of attribution?

A

4-11.

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9
Q

What is article 4?

A

Conduct of organs of a State

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10
Q

What is article 5?

A

Conduct of persons or entities exercising elements of governmental authority.

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11
Q

What is article 6?

A

Conduct of organs placed at the disposal of a State by another State.

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12
Q

What is article 7?

A

Excess of authority or contravention of instructions.

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13
Q

What is article 8?

A

Conduct directed or controlled by a State

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14
Q

What is article 9?

A

Conduct carried out in the absence or default of the official authorities.

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15
Q

What is article 10?

A

Conduct of an insurrectional or other movement.

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16
Q

What is article 11?

A

Conduct acknowledged and adopted by a State as its own.

17
Q

What are the ARSIWA articles that deal with enforcing responsibility?

A

Articles 42-48.

18
Q

What is article 42?

A

Invocation of responsibility by an injured State.

19
Q

What is article 43?

A

Notice of claim by an injured State.

20
Q

What is article 44?

A

Admissibility of claims.

21
Q

What is article 45?

A

Loss of the right to invoke responsibility.

22
Q

What is article 46?

A

Plurality of injured States

23
Q

What is article 47?

A

Plurality of responsible States

24
Q

What is article 48?

A

Invocation of responsibility by a State other than an injured State.

25
Q

Which provisions of ARSIWA deal with circumstances precluding wrongfulness?

A

Articles 20-28?

26
Q
A
27
Q

What is article 20?

A

Consent

28
Q

What is article 21?

A

Self-defence

29
Q

What is article 22?

A

Countermeasures in respect of an IWA.

30
Q

What is article 23?

A

Force majeure.

31
Q

What is article 24?

A

Distress

32
Q

What is article 25?

A

Necessity

33
Q

What is article 26?

A

Compliance with peremptory norms

34
Q

What is article 27?

A

Consequences of invoking a circumstance precluding wrongfulness

35
Q

What is article 28?

A

Legal consequences of an IWA.

Public International Law (8 decks)

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