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foundations of international > State Responsibility > Flashcards

State Responsibility Flashcards

1
Q

What is the structure of state responsibility?

A

STATE RESPONSIBILITY

  1. International Wrongful Act
  2. Breach of international obligation
  3. Attributable to the state
  4. No circumstances precluding wrongfulness

CONTENT OF STATE RESPONSIBILITY

  1. cessation
  2. Reparation
  3. Non-repetition

IMPLEMENTATION

  1. invocation
  2. countermeasure
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2
Q

Which laws concern internationally wrongful act?

A

RESPONSIBILITY OF STATES FOR INTERNATIONAL WRONGFUL ACTS 2001

Art 1 - international wrongful act entails the responsibility of the state

Art 3- characterization of an international wrongful act is governed by international law

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3
Q

Which piece of legislation lays out the requirements for an International wrongful act?

A

Art 2 - IWA is defined as an act or omission

(a) that is attributable to the state
(b) that constitute a breach of international law

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4
Q

Which pieces of legislation concern attribution? (4)

A

Art 4

Art 7

Art 8

Art 11

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5
Q

What does art 4 state?

A

conduct of a state organ is considered to be an act of state under international law

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6
Q

What does art 7 state?

A

the conduct of a state organ is considered to be an act of state, even where the organ exceeds its authority

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7
Q

Which case concerns art 7?

A

The Caire claim - the police officers acted outside of their own competence, but as they were acting as state officials, state responsibility arose

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8
Q

What does art 8 state?

A

the conduct of an individual or group of individuals shall be considered an act of state, where they are acting under “direction of control” of the state

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9
Q

Which case concerns art 8?

A

Nicaragua

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10
Q

What does art 10 state?

A

the conduct of an insirrectional movement that sets up a new government shall be considered an act of state

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11
Q

What does art 11 state?

A

conduct of private individuals will not amount to an act of state, unless the state acknowledges that conduct and accepts it as its own

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12
Q

Which case concerns art 11? Facts?

A

Tehran hostages case

Iranian students took US citizens hostage in US embassy

Iranian government approved of this, and even gave the students logistical support

this was therefore considered to be an act of state

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13
Q

What are the circumstances precluding wrongfulness? (5)

A
  1. consent
  2. self-defence
  3. force majeure
  4. distress
  5. necessity
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14
Q

What are the requirements of force majeure?

A
  1. circumstance is unseen
  2. circumstance is beyond the control of either party
  3. performance of obligation is rendered impossible
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15
Q

According to art 25, when will necessity only ever arise?

A

a. the act is the only way for a state to safeguard an essential interest against a grave and imminent peril
b. the act does not seriously impair the essential interests of the state owed the obligation

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16
Q

Which case concerns art 25? facts?

A

Gabcikovo-Nagymaros case

Hungary and Czechoslovakia entered into an agreement concerning the construction of dams

Hungary attempted to backtrack, arguing environmental necessity

held: although the environment was an important issue, not carrying out the obligation would seriously impair the essential interests of Hungary

17
Q

What forms the content of state responsibility?

A

cessation

reparation

non-repetition

18
Q

What is cessation?

A

the breach is brought to an end

19
Q

give examples of obligations to provide raparatio

A

restitution

compensation

satisfaction (e.g. apology )

20
Q

What is the purpose of reparation?

A

to wipe out the consequences of the breach

21
Q

Is reparation always possible? Case?

A

Not always possible - impossible to wipe out the consequences of the breach

CASE: Germany v Italy

Italy claimed Germany owed reparations for their treatment of Italian Citizens during WW2

held that reparations could not wipe out the consequences of the breach

22
Q

Which case concerns non-repetition?

A

LaGrand

23
Q

Which case concerns cessation?

A

LaGrand

24
Q

Which laws concern breach of preemptory terms?

A 
Art 41(1)
Art 41(2)
25
Q

What does Art 41(1) state?

A

Where there is a serious breach of a pre-emptive norm, all states must cooperate to lawfully end the breach

26
Q

What does Art 41(2) state?

A

no state shall recognise a serious breach of a pre-emptive norm, nor aid in maintaining the situation

27
Q

Which case concerns art 41(2)?

A

Israel v Palestine Conflict - all the states were under a duty to recognise that Israels conduct was unlawful

28
Q

Which laws concern invocation?

A

Art 42

Art 48

29
Q

What does art 42 state?

A

a state, as an injured state, can invoke responsibility of another state if the obligation is owed to:

a. that state individually
b. a group of states including that state

30
Q

What does Art 48 state?

A

A non-injured state can invoke responsibility on another state if:

a. the obligation breached is owed to a group of states, of which the state making the invocation is a member
b. the obligation breached is owed to the international community as a whole

31
Q

Which law concerns countermeasures?

A

art 49

32
Q

What does art 49 state?

A

injured state may only take a counter measure against the state which is responsible for an IWA, to induce that state to comply with its obligations

33
Q

Examples of countermeasures?

A

economic sanctions

tariffs

freezing assets

foundations of international (6 decks)

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