Theme 5 - State responsibility

Question 1

What is state responsibility ?

Answer 1

Accounts for the regime through which one State can make claims for reparation against another State for the commission of an internationally wrongful act or breaches of international obligation(s).

Question 2

What are the 4 steps to state responsibility ?

Answer 2

• Wrongful act.
• Attribution.
• Circumstances precluding wrongfulness.
• Reparation.

Question 3

Discuss the wrongful act step.

Answer 3

• Every internationally wrongful act of a State entails its international responsibility.
• An internationally wrongful act exists when conduct consisting of an act or omission is attributable to a State and constitutes a breach of an international obligations owed by that state.

Question 4

Discuss the attribution step.

Answer 4

• Two questions: who is the actor ?; is the action of such an actor attributable to the state ?
• The potential actors include: organs of states; Conduct of persons or entities exercising elements of State authority;
  Conduct of organs placed at the disposal of a State by another State.

Question 5

Discuss the circumstances precluding wrongfulness step.

Answer 5

• None of these may be relied on if it in conflict with a peremptory norm of general international law.
• Consent, self defense, countermeasures, force majeure, distresss, necessity, peremptory norms.

Question 6

Discuss the reparation step.

Answer 6

• The responsible State is under an obligation to make full reparation for the injury caused by the internationally wrongful act.
• Injury includes any damage, whether material or moral, caused by the internationally wrongful act of a State.
• Compensation, satisfaction, restitution.