State Responsibility Flashcards
(33 cards)
What is the structure of state responsibility?
STATE RESPONSIBILITY
- International Wrongful Act
- Breach of international obligation
- Attributable to the state
- No circumstances precluding wrongfulness
CONTENT OF STATE RESPONSIBILITY
- cessation
- Reparation
- Non-repetition
IMPLEMENTATION
- invocation
- countermeasure
Which laws concern internationally wrongful act?
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
Which piece of legislation lays out the requirements for an International wrongful act?
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
Which pieces of legislation concern attribution? (4)
Art 4
Art 7
Art 8
Art 11
What does art 4 state?
conduct of a state organ is considered to be an act of state under international law
What does art 7 state?
the conduct of a state organ is considered to be an act of state, even where the organ exceeds its authority
Which case concerns art 7?
The Caire claim - the police officers acted outside of their own competence, but as they were acting as state officials, state responsibility arose
What does art 8 state?
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
Which case concerns art 8?
Nicaragua
What does art 10 state?
the conduct of an insirrectional movement that sets up a new government shall be considered an act of state
What does art 11 state?
conduct of private individuals will not amount to an act of state, unless the state acknowledges that conduct and accepts it as its own
Which case concerns art 11? Facts?
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
What are the circumstances precluding wrongfulness? (5)
- consent
- self-defence
- force majeure
- distress
- necessity
What are the requirements of force majeure?
- circumstance is unseen
- circumstance is beyond the control of either party
- performance of obligation is rendered impossible
According to art 25, when will necessity only ever arise?
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
Which case concerns art 25? facts?
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
What forms the content of state responsibility?
cessation
reparation
non-repetition
What is cessation?
the breach is brought to an end
give examples of obligations to provide raparatio
restitution
compensation
satisfaction (e.g. apology )
What is the purpose of reparation?
to wipe out the consequences of the breach
Is reparation always possible? Case?
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
Which case concerns non-repetition?
LaGrand
Which case concerns cessation?
LaGrand
Which laws concern breach of preemptory terms?
Art 41(1) Art 41(2)
