International responsibility

Question 1

PCIJ, Charzow factory case

Answer 1

“any breach of agreement involves an obligation to make reparation”

Question 2

Art 103, UN charter

Answer 2

Conflict between members => UN Charter norms prevails

Question 3

Article 59

Answer 3

UN Charter = basis

Question 4

Article 55

Answer 4

Lex specialis

Question 5

Article 56

Answer 5

Lex posterior

Question 6

Articles 3/32

Answer 6

Irrelevance of domestic law

Question 7

Articles 57/58

Answer 7

= States
- Not IO
- Not individuals

Question 8

Articles 1/2

Answer 8

Breach of an obligation + attributed to a state = international Wrongful act = international responsibility

Question 9

Article 13

Answer 9

Breach : law in force at the moment

Question 10

Article 14/15

Answer 10

Single/ composed act

Question 11

Article 33

Answer 11

Scope
- One State
- Several States
- Community as a whole

Question 12

Article 42

Answer 12

Invoke responsibility => injured state

Question 13

Article 48

Answer 13

Invoke responsibility => other states

Question 14

Article 40

Answer 14

Serious breach of peremptory norms

Question 15

Article 41

Answer 15

= specific consequences

Question 16

Article 20

Answer 16

Consent

Question 17

Article 21/22

Answer 17

• Self defense
• Countermeasures

Reciprocity : previous violation = right to breach the obligation (strict exception)

Question 18

Article 23

Answer 18

Force majeure : no other choice / necessary

Question 19

Article 26

Answer 19

Breach of peremptory rules : no circumstances precluding wrongfulness

Question 20

Article 4

Answer 20

Act of an organs of the state : attributed to a state

Question 21

Article 5

Answer 21

Act of a representative of the state : attributed to the state

Question 22

Article 7

Answer 22

Ultra vires act : attributed to the state

Question 23

Article 8

Answer 23

If effective controle of mercenaries : attributed to the state

Question 24

Article 9

Answer 24

If no condamnation of the acts of the citizens : attributed to the state

Question 25

Article 16

Answer 25

Aid a state in the commission of an internationally wrongfull act : responsible if - knowledge of the circumstances - if it commited it itself = wrongful act

Question 26

Article 29

Answer 26

Continued duty of performance

Question 27

Article 30

Answer 27

- Cessation - "offer appropriate assurances and guarantees of non-repetition"

Question 28

Article 31

Answer 28

- Full reparation for injury - Injury : damage material/ moral

Question 29

Article 39

Answer 29

Contribution of injury

Question 30

Article 34

Answer 30

Form of reparation : single or combined

Question 31

Article 35

Answer 31

Restitution

Question 32

Article 36

Answer 32

Compensation => money

Question 33

Article 37

Answer 33

Satisfaction => formal apology (moral damages)

Question 34

CPIJ, Usine de Charzow

Answer 34

"erase all the consequences of the unlawful act"