State responsibility

The law of state responsibility encompasses a variety of issues. First, it defines the circumstances in which a state will be held to have breached its international obligations, as well as the limited catalogue of justifications and defenses a state may rely upon in order to avoid responsibility for an otherwise wrongful act.

State responsibility

September Subject s: It results from the general legal personality of every State under international law, and from the fact that States are the principal bearers of international obligations see also States, Fundamental Rights and Duties.

Even under general international law General International Law [Principles, Rules and Standards]which might be expected to be virtually uniform for every State, different States may be differently situated and have different interests: They will also have a different range of treaty and other commitments and correspondingly distinct responsibilities.

There is no such thing as a uniform code of international law, reflecting the obligations of all States. Individual treaties or rules may vary these underlying concepts in some respect; otherwise they are assumed and apply unless excluded. These standard assumptions of responsibility, on the basis of which specific obligations of States exist and are applied, were examined by the International Law Commission ILC over more than 40 years.

Diplomatic protection is a subset of the field of State responsibility, concerned with espousal by the State of the legal interests of its nationals. The ILC adopted a final set of draft articles on the subject in see paras 59—63 below. Responsibility of international State responsibility is a poorly developed field on which work began in The ILC also laboured for many years on the barely-existent topic of liability for State responsibility consequences of conduct not prohibited by international law, something by definition concerned with the content of primary obligations of reparation and thus removed from the classical field of State responsibility Liability for Lawful Acts.

The ILC Articles now provide the practical and conceptual structure within which issues of State responsibility, and by analogy the responsibility of other legal persons, can be considered. This early work focused on State responsibility for injuries to aliens and their property Property, Right to, International Protection.

By this was meant the rules of general application concerning State responsibility, applicable not only to diplomatic protection but also to other fields.

The point was not to elaborate the substantive rules themselves or the specific obligations of States arising from them, but to focus on the framework or matrix of rules of responsibility, identifying whether there has been a breach by a State and its consequences.

Between andRoberto Ago produced eight reports and the ILC provisionally adopted 35 articles constituting Part One of the proposed draft articles: The detailed treatment in Part One of the rules of attribution and the general justifications or excuses for an internationally wrongful act was highly influential.

Other elements were more controversial, in particular Art.

State responsibility

Owing to the priority given to other topics, only five articles from his Part Two were provisionally adopted during this period. The most important of these was Art.

The draft articles of thus consisted of three tranches, Part One, adopted in the period to under Ago, a few articles in Part Two Chapter I adopted in the period to under Riphagen, and the residue dealing with reparationscountermeasuresthe consequences of international crimes, and dispute settlement, adopted in the period to under Arangio-Ruiz.

State responsibility - Wikipedia

There was no reconsideration of earlier articles at any point, so problems of co-ordination existed between the three groups for a table showing the evolution of the first reading text see Crawford [] The first was its comprehensive coverage of obligations, bilateral and multilateral.

Part One Draft Articles covered questions of responsibility arising from the breach of any international obligation of a State. They were not limited to obligations of States owed exclusively to other States, as distinct from obligations owed to non-State entities, to all States or to the international community as a whole see also Obligations erga omnes.

Second, no distinction was drawn between treaty and non-treaty obligations: A third and related feature is the open and generally neutral approach taken by the ILC to the content of the primary rules.

As far as possible, no attempt is made to specify the content of the primary obligations of States. In particular there is no separate requirement of fault or wrongful intent for an internationally wrongful act to be held to exist.

State responsibility

Nor do the Draft Articles specify any requirement of injury, damage, or harm to another State for responsibility to arise. Whether these conditions are required depends on the primary obligation, and there is no a priori limit on the content or scope of international obligations.

On the other hand the existence of injury, harm, or damage is relevant in terms of the invocation of responsibility and the form and extent of reparation and is referred to in that context.

The most visible was the controversy over international crimes of State. On first reading Arts 19 and 40 3 Draft Articles sought to translate that idea by reference to the notion of international crimes of States.The State Responsibility Area Viewer allows users to view the spatial distribution of SRA at different scales and for different areas of the state.

It can also be used to search for a specific address to help determine if someone is in or out of SRA. The laws of state responsibility are the principles governing when and how a state is held responsible for a breach of an international obligation.

State Responsibility Area Viewer

Rather than set forth any particular obligations, the rules of state responsibility determine, in general, when an obligation has been breached and the legal consequences of that violation. Responsibility of States for Internationally Wrongful Acts. PART ONE THE INTERNATIONALLY WRONGFUL ACT OF A STATE.

CHAPTER I GENERAL PRINCIPLES. Article l Responsibility of a State for its internationally wrongful acts. Every internationally wrongful act of a State entails the international responsibility of that State.

Moreover just as the law of State treaties is applied by analogy to the treaties of other international persons (see also Vienna Convention on the Law of Treaties [] [‘VCLT’]), so State responsibility provides the frame of reference for considering other forms of international responsibility, in particular the responsibility of international .

The elements of state responsibility. The paper seeks to throw light on the concept of state responsibility under public international law. It deals with the elements of state responsibility, the elements of international responsibility and the relationship between the state and indicidual responsibility under international law.

The State Responsibility Area Viewer allows users to view the spatial distribution of SRA at different scales and for different areas of the state. It can also be used to search for a specific address to help determine if someone is in or out of SRA.

FRAP - State Responsibility Areas