Podcast
Questions and Answers
What does the term 'erga omnes' refer to in the context of international obligations?
What does the term 'erga omnes' refer to in the context of international obligations?
- Obligations only during wartime
- Obligations towards a particular group of individuals
- Obligations between two specific states
- Obligations towards the international community at large (correct)
In which case did the ICJ first rule on the principle of state responsibility due to interference?
In which case did the ICJ first rule on the principle of state responsibility due to interference?
- Nicaragua v. USA (1986) (correct)
- Genocide in Srebrenica (2007)
- Corfu Channel (1948)
- Armed activities on the territory of the Congo (2005)
What type of obligations are referred to as 'erga singulum'?
What type of obligations are referred to as 'erga singulum'?
- Obligations only applicable during peace treaties
- Reciprocal obligations between two states (correct)
- Obligations towards the international community
- General obligations for humanitarian aid
Which of the following actions would likely violate the principle of diplomatic inviolability?
Which of the following actions would likely violate the principle of diplomatic inviolability?
What is a key mechanism for enforcing international sanctions?
What is a key mechanism for enforcing international sanctions?
What does the Arbitral Tribunal declare as appropriate satisfaction for New Zealand?
What does the Arbitral Tribunal declare as appropriate satisfaction for New Zealand?
Which state measures can invoke the responsibility of another state as per Article 54?
Which state measures can invoke the responsibility of another state as per Article 54?
In the context of international law, what constitutes a breach that can be invoked by states under Article 48?
In the context of international law, what constitutes a breach that can be invoked by states under Article 48?
What specific measure was recommended for the French Republic in relation to New Zealand?
What specific measure was recommended for the French Republic in relation to New Zealand?
Which of the following defines the concept of diplomatic inviolability?
Which of the following defines the concept of diplomatic inviolability?
What collective action can be taken by states other than an injured State as per Article 54?
What collective action can be taken by states other than an injured State as per Article 54?
How is the concept of collective interest emphasized in Article 48?
How is the concept of collective interest emphasized in Article 48?
What was one recommended outcome of the Tribunal's findings regarding the relation between New Zealand and France?
What was one recommended outcome of the Tribunal's findings regarding the relation between New Zealand and France?
What is one of the consequences of a breach of erga omnes obligations?
What is one of the consequences of a breach of erga omnes obligations?
Which circumstance precludes the wrongful nature of an act according to international law?
Which circumstance precludes the wrongful nature of an act according to international law?
Which article addresses the obligation to cease the wrongful act?
Which article addresses the obligation to cease the wrongful act?
What type of measures exist to ensure compliance with new obligations that are institutionalized?
What type of measures exist to ensure compliance with new obligations that are institutionalized?
Which of the following is an example of a measure used by an injured state to enforce compliance?
Which of the following is an example of a measure used by an injured state to enforce compliance?
What does the term 'force majeure' refer to in the context of international responsibility?
What does the term 'force majeure' refer to in the context of international responsibility?
What is the primary obligation resulting from a breach of international law related to damages?
What is the primary obligation resulting from a breach of international law related to damages?
Which article specifically addresses the possibility of utilizing ‘self-defense’ as a precluding circumstance?
Which article specifically addresses the possibility of utilizing ‘self-defense’ as a precluding circumstance?
What role do countermeasures play in international law?
What role do countermeasures play in international law?
Which article states the obligation to provide guarantees of non-repetition after a breach?
Which article states the obligation to provide guarantees of non-repetition after a breach?
What condition must be satisfied for the author of an act to claim distress under Article 24?
What condition must be satisfied for the author of an act to claim distress under Article 24?
In the context of necessity under Article 25, what must not occur when safeguarding a state's essential interest?
In the context of necessity under Article 25, what must not occur when safeguarding a state's essential interest?
Which state is considered the injured state according to Article 42?
Which state is considered the injured state according to Article 42?
What is the primary aim of countermeasures as defined in Article 49?
What is the primary aim of countermeasures as defined in Article 49?
Which characteristic defines countermeasures according to Article 49?
Which characteristic defines countermeasures according to Article 49?
Which obligations are prohibited from being affected by countermeasures under Article 50?
Which obligations are prohibited from being affected by countermeasures under Article 50?
What must the state claiming necessity ensure regarding the obligation under international law?
What must the state claiming necessity ensure regarding the obligation under international law?
In the context of conditions for distress, which of the following is NOT a requirement?
In the context of conditions for distress, which of the following is NOT a requirement?
To which principle does the concept of 'erga omnes' obligations refer in the context of state responsibility?
To which principle does the concept of 'erga omnes' obligations refer in the context of state responsibility?
What distinguishes the concept of necessity from force majeure under international law?
What distinguishes the concept of necessity from force majeure under international law?
Which factor is essential for the attribution of a wrongful act to a state under international law?
Which factor is essential for the attribution of a wrongful act to a state under international law?
Which of the following accurately describes a secondary obligation in international law?
Which of the following accurately describes a secondary obligation in international law?
What is a requirement for determining the wrongfulness of an act in international law?
What is a requirement for determining the wrongfulness of an act in international law?
In the context of international responsibility, what does 'ius cogens' refer to?
In the context of international responsibility, what does 'ius cogens' refer to?
What is indicated by the subjective element of attribution in international law?
What is indicated by the subjective element of attribution in international law?
Which circumstance can eliminate the wrongful nature of an act but does not exempt the obligation to compensate for damages?
Which circumstance can eliminate the wrongful nature of an act but does not exempt the obligation to compensate for damages?
What must a state provide as a guarantee after a breach of obligations under international law?
What must a state provide as a guarantee after a breach of obligations under international law?
Which of the following measures is categorized as decentralized in nature according to international law?
Which of the following measures is categorized as decentralized in nature according to international law?
Which article addresses the conditions under which a state may employ self-defense?
Which article addresses the conditions under which a state may employ self-defense?
What is a consequence of the breach of erga omnes obligations?
What is a consequence of the breach of erga omnes obligations?
Which type of obligation must not be affected by countermeasures in international law?
Which type of obligation must not be affected by countermeasures in international law?
In the context of necessity under international law, what must be guaranteed about the harmful act?
In the context of necessity under international law, what must be guaranteed about the harmful act?
What measures may the Security Council decide to employ without the use of armed force?
What measures may the Security Council decide to employ without the use of armed force?
Under which circumstances can the Security Council decide to take military action?
Under which circumstances can the Security Council decide to take military action?
What did the Court find in the case of Bild GmbH & Co.KG v. Germany regarding freedom of expression?
What did the Court find in the case of Bild GmbH & Co.KG v. Germany regarding freedom of expression?
What kind of measures can the Security Council implement to maintain international peace and security?
What kind of measures can the Security Council implement to maintain international peace and security?
Which action is explicitly mentioned in Article 42 as a measure the Security Council may take?
Which action is explicitly mentioned in Article 42 as a measure the Security Council may take?
In the context of the case Bild GmbH & Co.KG v. Germany, what was the main concern regarding the use of CCTV footage?
In the context of the case Bild GmbH & Co.KG v. Germany, what was the main concern regarding the use of CCTV footage?
Which of the following is NOT a potential measure under Article 41 to maintain international peace?
Which of the following is NOT a potential measure under Article 41 to maintain international peace?
What could be a consequence of the reasoning used by the German courts in the Bild GmbH case?
What could be a consequence of the reasoning used by the German courts in the Bild GmbH case?
What type of actions may the Security Council take under Article 42?
What type of actions may the Security Council take under Article 42?
What was declared in response to Philippe Morillon's promise regarding Srebrenica in 1993?
What was declared in response to Philippe Morillon's promise regarding Srebrenica in 1993?
Which of the following cases was judged by the ICJ in 2005?
Which of the following cases was judged by the ICJ in 2005?
What type of obligation is defined as 'erga omnes'?
What type of obligation is defined as 'erga omnes'?
What is a characteristic of 'erga singulum' obligations?
What is a characteristic of 'erga singulum' obligations?
Which event involved the occupation of the U.S. Embassy in Iran?
Which event involved the occupation of the U.S. Embassy in Iran?
What is a valid reason for armed intervention under international law?
What is a valid reason for armed intervention under international law?
In the context of international law, what type of measures does Article 54 refer to?
In the context of international law, what type of measures does Article 54 refer to?
Which scenario could illustrate the functioning of the rules established in Corfu Channel case?
Which scenario could illustrate the functioning of the rules established in Corfu Channel case?
What do the terms 'insurreccionales' and 'escuadrones de la muerte' refer to?
What do the terms 'insurreccionales' and 'escuadrones de la muerte' refer to?
Flashcards
Dispute Settlement
Dispute Settlement
Process for resolving international disagreements through legal means, like arbitration.
Diplomatic Inviolability
Diplomatic Inviolability
Protection from arrest or harassment, especially for diplomats.
Injured State
Injured State
State directly harmed by a breach of an international obligation.
State Responsibility
State Responsibility
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Collective Interest
Collective Interest
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International Obligation
International Obligation
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Article 48 (paragraph 1)
Article 48 (paragraph 1)
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Article 54
Article 54
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Distress
Distress
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Necessity
Necessity
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Conditions for Distress
Conditions for Distress
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Conditions for Necessity
Conditions for Necessity
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Erga Omnes Obligation
Erga Omnes Obligation
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Countermeasures
Countermeasures
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Limits of Countermeasures
Limits of Countermeasures
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Objectives of Countermeasures
Objectives of Countermeasures
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Characteristics of Countermeasures
Characteristics of Countermeasures
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Circumstances Precluding Wrongfulness
Circumstances Precluding Wrongfulness
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Consent
Consent
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Self-Defense
Self-Defense
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Force Majeure
Force Majeure
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Breach of Erga Omnes Obligations
Breach of Erga Omnes Obligations
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Reparation
Reparation
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Sanctions
Sanctions
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UN Protected Zone
UN Protected Zone
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Consent for Armed Intervention
Consent for Armed Intervention
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Types of International Obligations: What are they?
Types of International Obligations: What are they?
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Examples of State Interference in Property Rights
Examples of State Interference in Property Rights
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Attribution
Attribution
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Ultra Vires
Ultra Vires
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International Responsibility
International Responsibility
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Objective Element of Responsibility
Objective Element of Responsibility
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Srebrenica
Srebrenica
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What are the types of international obligations?
What are the types of international obligations?
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What are some examples of state interference in property rights?
What are some examples of state interference in property rights?
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What are the ICJ cases related to interference in property rights?
What are the ICJ cases related to interference in property rights?
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What are the conditions for armed intervention?
What are the conditions for armed intervention?
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Article 41 of the UN Charter
Article 41 of the UN Charter
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Article 42 of the UN Charter
Article 42 of the UN Charter
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Bild GmbH & Co.KG v.Germany
Bild GmbH & Co.KG v.Germany
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Deployment of troops abroad
Deployment of troops abroad
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States with complex structure
States with complex structure
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POWELL & RAYNER v.UNITED KINGDOM
POWELL & RAYNER v.UNITED KINGDOM
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Art 13 ECHR (Annoyance caused by aircraft noise)
Art 13 ECHR (Annoyance caused by aircraft noise)
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Freedom of Expression
Freedom of Expression
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Censorship
Censorship
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Study Notes
International Responsibility of States
- This material covers the responsibility (or liability) of states for actions violating international law.
- The responsibility is secondary, depending on a primary obligation.
- Key elements include attribution and a breach of the obligation.
- Domestic law is irrelevant.
General Scheme
- A primary rule is an international obligation that a subject of international law is bound to.
- Wrongfulness leads to a second judicial relation.
- The first relation persists, while the second relation involves new rights and obligations.
- Includes custom, GPL, Resolutions, and other relevant law.
Main Features
- Responsibility is secondary (dependent on a prior obligation).
- Requires: Attribution to an international subject and a conduct implying a breach (not just damage).
- Domestic law is irrelevant.
- Special regulation for jus cogens norms and erga omnes obligations.
How to Determine Responsibility
- A wrongful act leads to international responsibility with consequences.
- This flow from rule to wrongful act to international responsibility
- This is the process for determining responsibility in international law
Subjective Element: Attribution
- Organs of the State: Actions by legislative, executive, judicial, or other bodies of a state, in accordance with domestic law. Actions by officials are deemed state action even if unlawful in domestic law.
- Persons/Entities: Not state organs, but empowered by the state to exercise state powers; or not an organ but in fact it exercises state power due to lack of authority.
- Organs placed at the disposal of a State by another State: State action occurs during a temporary placement of an organ.
- Insurrectional movements: Responsibility is attached if they gain power.
- Conduct controlled or adopted by a state: State action occurs when the state has instructions from, or a direct role in decisions.
Circumstances Precluding Wrongfulness
- Annulment of wrongdoing (not applicable to jus cogens) but not obligation to compensate for damages.
- Consent (art. 20)
- Countermeasures (art. 22 + 49-54)
- Distress (art. 24)
- Force Majeure (art. 23)
- Necessity (art. 25)
- Self-Defence (art. 21)
Consequences: A New Judicial Relation
- Breach of singular/collective obligations: Non-recognition, non-assistance, and cooperation to end the breach through lawful means
- Breach of erga omnes obligations: Cease the act; guarantees of non-repetition
- Responsible state obligations: Cessation of the act, guarantees of non-repetition, reparation (restitution, compensation, satisfaction)
Measures to Pressure for Compliance
- Measures will exist to pressure a state for compliance with new obligations
UN Charter
- Article 41: Measures for application of non-use of force.
- Article 42: Security Council may take action in case the measures prescribed by article 41 are insufficient.
Examples
- Iran: Ayatollah Khomeini occupying the US Embassy.
- France: secret agents / Greenpeace incident.
- Case law relevant to the context
Types of Obligations
- Erga singulum: reciprocal obligations between states.
- Erga omnes partes: obligations in relation to a group of states.
- Erga omnes: obligations toward the international community.
Deployment of troops abroad
- State actions in another country.
States having a complex structure
- This covers states with complex territories.
ICJ Cases
- Nicaragua v. USA (1986), Armed activities on the territory of the Congo (2005), Genocide in Srebrenica (2007): Examples of cases on the matter.
Injured State/Erga Omnes Obligations
- Injured State: The suffering state.
- Erga omnes obligations: Obligations for the entire international community, not just one state.
Countermeasures (art. 49-54)
- Measures taken for self-protection (retaliation and reprisal)
- Measures taken after a prior wrongful act (contingent on specific conditions in article 49/53)
Article 51 UN Charter
- Exception to the prohibition of the use of force.
- Justified upon a previous armed attack.
- Conditions include necessity, immediacy, and proportionality.
Force Majeure (art. 23)
- Unlawful action due to irresistible force beyond the state's control.
- Conditions require the state's action not have caused or helped cause the situation and for the state not assuming a risk.
Distress (art. 24)
- No reasonable way to prevent harm for self or others
- Actions are necessary for preventing harm and do not create a greater peril.
Necessity (art. 25)
- Choice between committing a wrongful act or sacrificing an essential interest of the state.
- Conditions include: this action is the only way to safeguard an essential interest; doesn't seriously affect others; the state did not contribute to the situation, and the obligation does not exclude this choice.
Injured State (art. 42)
- Individual state suffering the harm
- State affected by the breach (relevant to breach of erga omnes obligations)
Article 54
- This chapter does not prejudice the right of any state to take lawful measures (Article 48, para 1).
Article 48
- Invocation of responsibility by a state other than the injured state.
- Includes cases where the obligation breached is owed to a group of states or the international community as a whole.
- Actions that can be taken include cessation of the wrongful act, guarantees of non-repetition, and reparations
Articles 55 & 56
- Applicability where the conditions for a wrongful act are governed by special rules.
- International law continues to govern responsibility issues not regulated by the Draft articles.
Parliamentary questions
- EU Commission's response on settlement products (bans, exclusions, existing EU rules)
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Description
This quiz explores the concepts of state responsibility in international law, focusing on key elements such as attribution and breaches of obligations. It covers the distinction between primary and secondary obligations, the relevance of domestic law, and special regulations for jus cogens norms. Test your understanding of how these principles apply to international legal frameworks.
