Public International Law
Topic 7 State Responsibility
Intro: A reparable claim against a State will arise when an act or omission attributable and violates int. legal obligation or duty owed with no justification which caused a state or its nationals injured or loss and entitled to raise a claim.
ILC Draft Articles on State Responsibility: Key points
-Only to acts of States (Art 57&58)
-No general requirement of fault intent (Art 2), except genocide
-Legal under domestic law does not preclude illegality under int law (Art 3&31)
-General rules in ILC Articles may be overridden by specific agreements with different rules (Art 55)
(a) General principles-Wrongful act and breach
ILC Art 1: Every internationally wrongful act of a State entails the international responsibility of that State.
- can be one or more actions; may be attributable to more than one state
** Can be an omission. Corfu Channel Case, it was a sufficient basis for the responsibility that the State knew, but did nothing to warn third States of their presence.
Art 2: Define the wrongful act which consist of
2(a): attributable to State under int law and 2(b) constitutes a breach of its int obligation. –Under customary rule, treaty, general principle
Art 40: Serious breach of a peremptory norm, Art 41: by gross or systematic failure to fulfill obligation. Art 41: Particular consequences arise, including a requirement that all states refrain from recognizing as lawful a situation created by that breach and from rendering aid or assistance in maintaining that situation.
(b) Attribution-attributable to a state
1) Presumed knowledge & Omission:
**Corfu Channel Case:
Fact: Liability of Albania to UK for damage to UK ships/loss of life caused by mines in Albanian territorial waters - Could the laying/presence of mines in Albanian territorial waters be attributed to Albania?
Held: No, Exclusive territorial control not attributable to liability for all events within territory, but may allow attribution of
Intro: A reparable claim against a State will arise when an act or omission attributable and violates int. legal obligation or duty owed with no justification which caused a state or its nationals injured or loss and entitled to raise a claim.
ILC Draft Articles on State Responsibility: Key points
-Only to acts of States (Art 57&58)
-No general requirement of fault intent (Art 2), except genocide
-Legal under domestic law does not preclude illegality under int law (Art 3&31)
-General rules in ILC Articles may be overridden by specific agreements with different rules (Art 55)
(a) General principles-Wrongful act and breach
ILC Art 1: Every internationally wrongful act of a State entails the international responsibility of that State.
- can be one or more actions; may be attributable to more than one state
** Can be an omission. Corfu Channel Case, it was a sufficient basis for the responsibility that the State knew, but did nothing to warn third States of their presence.
Art 2: Define the wrongful act which consist of
2(a): attributable to State under int law and 2(b) constitutes a breach of its int obligation. –Under customary rule, treaty, general principle
Art 40: Serious breach of a peremptory norm, Art 41: by gross or systematic failure to fulfill obligation. Art 41: Particular consequences arise, including a requirement that all states refrain from recognizing as lawful a situation created by that breach and from rendering aid or assistance in maintaining that situation.
(b) Attribution-attributable to a state
1) Presumed knowledge & Omission:
**Corfu Channel Case:
Fact: Liability of Albania to UK for damage to UK ships/loss of life caused by mines in Albanian territorial waters - Could the laying/presence of mines in Albanian territorial waters be attributed to Albania?
Held: No, Exclusive territorial control not attributable to liability for all events within territory, but may allow attribution of