Unit 5 - State Responsibility Flashcards
1
Q
What is State responsibilty ?
A
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 obligations.
2
Q
What are the four steps to State responsibility ?
A
- Is there an internationally wrongful
act ? - Who is the actor (attributable to
State) ? - Circumstances precluding wrongfulness.
- Reparation (what can States do).
3
Q
What is an internationally wrongful act ?
A
- 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.
4
Q
Discuss attribution.
A
Any action of a state organ will be attributable to the state.
5
Q
Which circumstances preclude wrongfulness ?
A
- Consent.
- Self-defence.
- Countermeasures.
- Force majeure.
- Distress.
- Necessity.
- Peremptory norms.
6
Q
Discuss reparation.
A
- 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.
- Restitution (re-establish the situation before the wrongful act); satisfaction (expression of regret e.g. a formal apology); and compensation (financially assessable damage for both material and non-material losses).