Consequences of wrongful conduct (2) / who may invoke a breach of international law S13

Question 1

Name and explain the types of damages recognized

Answer 1

Types of damages:
1) Material damage: financial or physical harm

2) Moral damage: harm to dignity or reputation

Question 2

Name and explain additional obligations for serious violations (violations of jus cogens norms)

Answer 2

Additional obligations for states for serious violations (violations of jus cogens norms):
1) All states must cooperate to end serious breaches

2) No recognition of illegal situations

3) No aid or assistance to maintain the wrongful act

(above is based on Articles 40 & 41 of the ILC Articles)

Question 3

Explain what is confirmed in the Wall case

Answer 3

Wall case: Obligation to stop ongoing violations

Question 4

Explain what is confirmed in the Chorzów Factory case

Answer 4

Chorzów Factory case: reparation must restore the situation

Question 5

Explain what is confirmed in the Rainbow Warrior case

Answer 5

Rainbow Warrior case: recognition of moral and political harm

Question 6

Name the general rule about who may invoke a breach of international law

Answer 6

General rule about who may invoke a breach of international law: an injured state (Article 42 of the ILC Articles).

Question 7

Name and explain under what conditions a state is considered injured as stated in Article 42 of the ILC Articles

Answer 7

A state is considered injured if:
1) The breached obligation was owed specifically to it (e.g., in a bilateral treaty)

2) It is specially affected within a group of states

3) The breach significantly alters its legal position among all states bound by the obligation

Question 8

Explain when a non-injured state can invoke a breach of international law

Answer 8

A non-injured state can invoke a breach of international law when erga omnes obligations (= obligations owed to the international community as whole) are violated. Any state can invoke responsibility for breaches of these obligations, even if it was not directly harmed (Article 48 of the ILC Articles)

Question 9

Name and explain the types of erga omnes obligations

Answer 9

Types of erga omnes obligations:
1) Erga omnes partes: obligations owed to members of a specific treaty group (e.g. ECHR) (any party state can act, as confirmed in the Obligation to Prosecute or Extradite case)

2) Pure erga omnes: pbligations owed to all states universally (recognized in the Barcelona Traction case)

Question 10

Name and explain the limits for non-injured states for invoking a breach of international law

Answer 10

Non-injured states:
1) Can demand: stop the wrongful act (= cessation), promise not to do it again (= guarantees of non-repetition) or repair the harm done (= reparation)

2) Cannot claim compensation for themselves,