Flashcards in 8 - Enforcement of International Law Deck (16)
What us state responsibility?
It is a term used by international lawyers to denote the idea that some entity can be blamed for undesirable behaviour
Chorzow Factory case
Deemed that the possibility of being held responsible was the price to pay for being able to participate in international law
What are the two foundational principles of state responsibility?
Attribution and an internationally wrongful act
What is attribution?
Attribution is the idea that states can be held responsible for acts attributable to them, they are held responsible for acts and omissions of state officials
What happens if an state official acts outwith their power, is the state still responsible?
What is an internationally wrongful act?
An act which violates their international legal obligations
What happened in the Tehran Hostages case?
Established that states may incur “indirect” responsibility - iran were responsible for not taking any steps to bring the situation to a speedy end
What are the circumstances that preclude wrongfulness?
Consent of the other state
What is force majeure?
An irresistible force of an unforeseen event beyond the control of the state, making it impossible to observe the law
What is distress?
Where an alternative exists but is unreasonable - for example landing on foreign territory to avoid crashing
Where the act is the only means to protect a vital state interest
What are the consequences of an internationally wrongful act?
Cessation - where the responsible state is obliged to cease the act
Reparation - where the state must wipe out all the consequences of the illegal act and re-establish the situation which would have existed if the act had not been committed
What are the 3 forms of reparation
What is restitution?
This is the main type of reparation - restitution is the cessation of a wrongful act
What is compensation?
If there is no possibility of a return and restitution is impossible, states must “address the actual losses incurred as a result of the internationally wrongful act” - monetary