What are the Draft Articles on State Responsibility?
These include force majeure (Article 23), distress (Article 24), state of necessity (Article 25) and counter measures (Articles 49-52), self-defence (article 21) and consent (article 20).
Are articles of state responsibility binding?
As to the draft articles themselves, they are indeed soft law. Hence, they provide some guidance, but cannot be considered binding by themselves. States (as well as scholars) take different views as to whether the content of any of the articles reflects customary international law.
Under what circumstances may responsibility for breaches of international obligations be precluded?
1. The wrongfulness of an act of a State not in conformity with an international obligation of that State is precluded if the author of the act in question has no other reasonable way, in a situation of distress, of saving the author’s life or the lives of other persons entrusted to the author’s care.
What is the content of state responsibility?
States are liable for breaches of their obligations, provided that the breach is attributable to the state itself. A state is responsible for direct violations of international law—e.g., the breach of a treaty or the violation of another state’s territory.
Who can invoke state responsibility?
Any State other than an injured State is entitled to invoke the responsibility of another State in accordance with paragraph 2 if: The obligation breached is owed to a group of States including that State, and is established for the protection of a collective interest of the group; or.
What are the consequences of state responsibility?
Legal consequences of State responsibility When a State commits a breach of international law, it becomes liable to make good the losses faced by the injured parties. The first consequence is the cessation of the wrongful act, and the second is reparation.
Who is an injured State in the law of international responsibility?
According to the Article, “injured State” means a State whose legal right has been infringed by the wrongful act of another State.
How do you determine state responsibility?
In terms of the Draft Articles, state responsibility is incurred when two elements are proved. The first is that there must be conduct consisting of an act or omission, which is attributable to the state under international law.
What is doctrine of state responsibility?
The law of state responsibility plays a central role in international law, functioning as a general law of wrongs that governs when an international obligation is breached, the consequences that flow from a breach, and who is able to invoke those consequences (and how).
Can the State use force against its citizens?
As per article 51 of the United Nation Charter states are allowed to use force only in special circumstances but states continue to use the force under other circumstances as well. Before the establishment of the United Nations states were free to decide whether to wage war or not to wage war against one another.
What are the responsibilities of a State?
States must take responsibility for areas such as:
- ownership of property.
- education of inhabitants.
- implementation of welfare and other benefits programs and distribution of aid.
- protecting people from local threats.
- maintaining a justice system.
- setting up local governments such as counties and municipalities.
What is the exception to the rule that only the state is allowed to use force?
Exceptions to this prohibition are acts taken in self-defence under UN Charter Article 51 or under the auspices of a UN Security Council authorization to use force under Article 42. States can also consent that another state use force in its territory, for example to combat rebel or terrorist actors.