State Responsibility

Question 1

What are primary rules of state responsibility?

Answer 1

-CON. legal obligations

(e.g: protect the environment)

Question 2

What are Secondary rules of State Responsibility?

Answer 2

-Rules which entail that the state has breached primary law
-what constitutes a breach of PL

Question 3

What are the sources of the law on state responsibility

Answer 3

-ARSIWA

Question 4

Is ARSIWA binding?

Answer 4

-Not as a codified source of law but as
-CIL

Question 5

Is ARSIWA a source of secondary rules or primary rules?

Answer 5

-Secondary rules

Question 6

List the types of attribution

Answer 6

Art. 4 ARSIWA- Conduct of organs of a State
Art. 5-Conduct of persons or entities exercising elements of governmental authority
Art 7- Excess of authority or contravention of instructions
Art 8- Conduct directed or controlled by a State
Art 9- Conduct carried out in the absence or default of the official authorities
Art 10-Conduct of an insurrectional or other movement
Art 11-Conduct acknowledged and adopted by a State as its own

Question 7

Where are the circumstances precluding wrongfulness from state responsibility from?

Answer 7

-Art. 20-25 ARSIWA

Question 8

List the circumstances precluding wrongfulness?

Answer 8

-Art. 20 ARSIWA: valid consent from ‘victim’ state
-Art. 21 ARSIWA: lawful self defence –> refer to Art. 51 of the UNA Charter
-Art 22 ARSIWA: countermeasures
-Art 23 ARSIWA: force majeure
-Art. 24 ARSIWA: distress(no other reasoable way to save life)
-Art. 25 ARSIWA: necessity
-Art 26: NB: THESE CANNOT JUSTIFY A BREACH OF PREEMPTORY NORMS