State Responsibility
INTRODUCTION
Bosnia Genocide Case
Attribution of Conduct: Whether VRS can be considered agent acting on behalf of Government of Serbia. In order for Serbia to be liable for the committing the genocide.
Circumstances Precluding Wrongfulness.
Defences that can be invoked by the state that committing wrongful act.
A few defences can be invoked as stated in draft article.
Legal Consequences of Internationally Wrongful Acts 1. Reparation, what are the modes of reparation can be conferred to victim state. 2. Genocide Case. The court held that there is a breach of genocide convention as failure of Serbia duty to prosecute the perpetrator who commit the crime. Court only awarded compensation in the form of satisfaction because there was no actual damage suffered by Bosnia. 3. If no monetary compensation can be given, so can use satisfaction to the victim state as no actual damage.
Serious Breaches of Preemptory Norm
Article 53 of VCLT, norm of Jus Cogen.
Invocation of the Responsibility of a State.
Counter Measures
Refer to the first lecture, it is one of the measure to enforce IL.
Draft article on State Responsibility provide the limit. One of it is countermeasures must be proportionate.
Example, counter measures by Slovakia when they decided to construct variancy (another water way). This is pertaining to the failure of Hungary to construct a damn. Court held that, counter measures perform by Slovakia is not proportionate.
Treatment of Aliens
Non national
Diplomatic Protection
Corfu Channel Case
Involves Albania and United Kingdom. On 22 October 1946, 2 British cruisers and 2 destroyers (neighbor warship belonged to the British government) Warship entered into North Corfu Street located in Albanian territory water. 4 ships entered into Albanian territory water and apparently one destroyer struck the mine and it damages mine planted. Another ship also being destroyed another mine. 45 British officers and sailors died and
Bosnia Genocide Case
Attribution of Conduct: Whether VRS can be considered agent acting on behalf of Government of Serbia. In order for Serbia to be liable for the committing the genocide.
Circumstances Precluding Wrongfulness.
Defences that can be invoked by the state that committing wrongful act.
A few defences can be invoked as stated in draft article.
Legal Consequences of Internationally Wrongful Acts 1. Reparation, what are the modes of reparation can be conferred to victim state. 2. Genocide Case. The court held that there is a breach of genocide convention as failure of Serbia duty to prosecute the perpetrator who commit the crime. Court only awarded compensation in the form of satisfaction because there was no actual damage suffered by Bosnia. 3. If no monetary compensation can be given, so can use satisfaction to the victim state as no actual damage.
Serious Breaches of Preemptory Norm
Article 53 of VCLT, norm of Jus Cogen.
Invocation of the Responsibility of a State.
Counter Measures
Refer to the first lecture, it is one of the measure to enforce IL.
Draft article on State Responsibility provide the limit. One of it is countermeasures must be proportionate.
Example, counter measures by Slovakia when they decided to construct variancy (another water way). This is pertaining to the failure of Hungary to construct a damn. Court held that, counter measures perform by Slovakia is not proportionate.
Treatment of Aliens
Non national
Diplomatic Protection
Corfu Channel Case
Involves Albania and United Kingdom. On 22 October 1946, 2 British cruisers and 2 destroyers (neighbor warship belonged to the British government) Warship entered into North Corfu Street located in Albanian territory water. 4 ships entered into Albanian territory water and apparently one destroyer struck the mine and it damages mine planted. Another ship also being destroyed another mine. 45 British officers and sailors died and