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).
What is the responsibility of a State?
States have the legal obligation to protect and promote human rights, including the right to social security, and ensure that people can realize their rights without discrimination.
Are the Draft Articles on state responsibility customary international law?
International and German courts referred their decisions to selected International Law Commission draft articles on State responsibility, and these articles were legally binding statements of customary international law. Therefore, their status was secure under both German and international case law.
What are Articles on Responsibility of States for international Wrongful Acts?
Article 37 Satisfaction Page 10 1. The State responsible for an internationally wrongful act is under an obligation to give satisfaction for the injury caused by that act insofar as it cannot be made good by restitution or compensation.
When can a State invoke the responsibility of another State?
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.
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.
Why is state responsibility important?
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).
What are State responsibilities under international law?
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. Further, the state is internationally responsible for the private activities of persons to the extent that they are subsequently adopted by the state.
Who can invoke the regime of state responsibility under international law?
Where does state responsibility come from?
No distinction is made based on the level of the particular organ in the organizational hierarchy of the State; State responsibility can arise from the actions of a local policeman, just as it can from the actions of the highest officials, for instance a head of state or a foreign minister.