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.

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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).
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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.
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4
Q

Discuss attribution.

A

Any action of a state organ will be attributable to the state.

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5
Q

Which circumstances preclude wrongfulness ?

A
  • Consent.
  • Self-defence.
  • Countermeasures.
  • Force majeure.
  • Distress.
  • Necessity.
  • Peremptory norms.
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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).
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