Week 7: State Responsibility

Question 1

What is state responsibility?

Answer 1

The laws of state responsibility are the principles governing when and how a state is held responsible for a breach of an international obligation

Question 2

What is a breach of an international obligation?

Answer 2

1. Must be binding on the state, treaty

2. Are there circumstances that preclude wrongfulness

Question 3

What does this mean?

Answer 3

There are circumstances where a state can breach international obligations where it is not marked as an international wrongdoing

Question 4

What does this mean for the obligation?

Answer 4

Just because it’s not followed once doesn’t mean you don’t have to follow it every other time

Question 5

Is it reasonable with jus cogens?

Answer 5

No never reasonable

Question 6

What are the circumstances?

Answer 6

1. Reasonable use of self defence
2. A when a state has been violated they can do certain things. Stop any obligations they had to that state.
3. Situation that a state could not have seen, making it materially impossible to follow international obligations
4. Distress: done to save lives which a head of state is untrusted

Question 7

What is the idea of consent?

Answer 7

Consent can preclude wrongfulness. Congo asking Uganda to send in troops shows consent and precludes wrongfulness. Without undue force and fear and so free consent.

USSR invaded Afghanistan, claimed they had been invited to do so by Afghanistan representative but not legal use

Question 8

What about self defence?

Answer 8

Must be reasonable use. Can use force lawfully if attacked by another state. Does not preclude the wrongfulness of all acts by a state

Question 9

What about countermeasures?

Answer 9

Use of self help if violated by another state. Withhold obligations but can’t do things to state representatives even if another state does

Question 10

What about unforeseeable situation?

Answer 10

Unforeseeable situation makes it materially impossible to follow international obligations. Things like extreme weather but can go to being occupied and therefore incapable of carrying out obligations

Seasonal issues don’t work since foreseeable

Question 11

What about distress?

Answer 11

Breach obligation to save lives of those which they are trusted with. Cannot our more lives at risk than saving

Question 12

Necessity?

Answer 12

Protecting vital interests of the state from grave and imminent peril

1. Only course of action
2. Does not affect another state detrimentally
3. Relevant primary obligation doesn’t itself preclude invoking necessity