International Responsibility of States
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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?

  • 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'?

  • 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?

    <p>Searching the premises of a diplomatic mission without consent</p> Signup and view all the answers

    What is a key mechanism for enforcing international sanctions?

    <p>Resolutions issued by the UN Security Council</p> Signup and view all the answers

    What does the Arbitral Tribunal declare as appropriate satisfaction for New Zealand?

    <p>A fund to promote relations between France and New Zealand</p> Signup and view all the answers

    Which state measures can invoke the responsibility of another state as per Article 54?

    <p>Any State with a collective interest</p> Signup and view all the answers

    In the context of international law, what constitutes a breach that can be invoked by states under Article 48?

    <p>Breaches owed to the international community</p> Signup and view all the answers

    What specific measure was recommended for the French Republic in relation to New Zealand?

    <p>Initial contribution to a diplomatic fund</p> Signup and view all the answers

    Which of the following defines the concept of diplomatic inviolability?

    <p>Immunity from legal processes for diplomats</p> Signup and view all the answers

    What collective action can be taken by states other than an injured State as per Article 54?

    <p>Lawful measures ensuring cessation of the breach</p> Signup and view all the answers

    How is the concept of collective interest emphasized in Article 48?

    <p>It allows groups of States to invoke breaches together.</p> Signup and view all the answers

    What was one recommended outcome of the Tribunal's findings regarding the relation between New Zealand and France?

    <p>Setting up a fund to enhance relations</p> Signup and view all the answers

    What is one of the consequences of a breach of erga omnes obligations?

    <p>Non-recognition</p> Signup and view all the answers

    Which circumstance precludes the wrongful nature of an act according to international law?

    <p>Consent</p> Signup and view all the answers

    Which article addresses the obligation to cease the wrongful act?

    <p>Article 30(a)</p> Signup and view all the answers

    What type of measures exist to ensure compliance with new obligations that are institutionalized?

    <p>Sanctions</p> Signup and view all the answers

    Which of the following is an example of a measure used by an injured state to enforce compliance?

    <p>Non-assistance</p> Signup and view all the answers

    What does the term 'force majeure' refer to in the context of international responsibility?

    <p>An unforeseen event that excuses non-compliance</p> Signup and view all the answers

    What is the primary obligation resulting from a breach of international law related to damages?

    <p>Restitution</p> Signup and view all the answers

    Which article specifically addresses the possibility of utilizing ‘self-defense’ as a precluding circumstance?

    <p>Article 21</p> Signup and view all the answers

    What role do countermeasures play in international law?

    <p>They are defensive actions aimed at restoring compliance.</p> Signup and view all the answers

    Which article states the obligation to provide guarantees of non-repetition after a breach?

    <p>Article 30(b)</p> Signup and view all the answers

    What condition must be satisfied for the author of an act to claim distress under Article 24?

    <p>There must be no other reasonable way to save lives.</p> Signup and view all the answers

    In the context of necessity under Article 25, what must not occur when safeguarding a state's essential interest?

    <p>Essential interests must be seriously affected.</p> Signup and view all the answers

    Which state is considered the injured state according to Article 42?

    <p>The state that suffered the harm.</p> Signup and view all the answers

    What is the primary aim of countermeasures as defined in Article 49?

    <p>To induce compliance with obligations.</p> Signup and view all the answers

    Which characteristic defines countermeasures according to Article 49?

    <p>Must be reversible while aiming for compliance.</p> Signup and view all the answers

    Which obligations are prohibited from being affected by countermeasures under Article 50?

    <p>Obligations regarding humanitarian interventions.</p> Signup and view all the answers

    What must the state claiming necessity ensure regarding the obligation under international law?

    <p>The obligation does not exclude the option of necessity.</p> Signup and view all the answers

    In the context of conditions for distress, which of the following is NOT a requirement?

    <p>The act creates greater peril.</p> Signup and view all the answers

    To which principle does the concept of 'erga omnes' obligations refer in the context of state responsibility?

    <p>Obligations that affect the positions of all states.</p> Signup and view all the answers

    What distinguishes the concept of necessity from force majeure under international law?

    <p>Necessity involves conscious decision-making.</p> Signup and view all the answers

    Which factor is essential for the attribution of a wrongful act to a state under international law?

    <p>The act must be conducted by an organ of the state</p> Signup and view all the answers

    Which of the following accurately describes a secondary obligation in international law?

    <p>An obligation that arises from a specific breach of a primary obligation</p> Signup and view all the answers

    What is a requirement for determining the wrongfulness of an act in international law?

    <p>Identifying a breach of a primary rule of international law</p> Signup and view all the answers

    In the context of international responsibility, what does 'ius cogens' refer to?

    <p>Norms that cannot be violated under any circumstances</p> Signup and view all the answers

    What is indicated by the subjective element of attribution in international law?

    <p>The connection between the state and the conduct of its organs</p> Signup and view all the answers

    Which circumstance can eliminate the wrongful nature of an act but does not exempt the obligation to compensate for damages?

    <p>Consent</p> Signup and view all the answers

    What must a state provide as a guarantee after a breach of obligations under international law?

    <p>Guarantees of Non-Repetition</p> Signup and view all the answers

    Which of the following measures is categorized as decentralized in nature according to international law?

    <p>Countermeasures</p> Signup and view all the answers

    Which article addresses the conditions under which a state may employ self-defense?

    <p>Article 21</p> Signup and view all the answers

    What is a consequence of the breach of erga omnes obligations?

    <p>Non-recognition</p> Signup and view all the answers

    Which type of obligation must not be affected by countermeasures in international law?

    <p>Erga omnes obligations</p> Signup and view all the answers

    In the context of necessity under international law, what must be guaranteed about the harmful act?

    <p>It must not cause significant damage to another state</p> Signup and view all the answers

    What measures may the Security Council decide to employ without the use of armed force?

    <p>Economic sanctions</p> Signup and view all the answers

    Under which circumstances can the Security Council decide to take military action?

    <p>When measures under Article 41 are inadequate</p> Signup and view all the answers

    What did the Court find in the case of Bild GmbH & Co.KG v. Germany regarding freedom of expression?

    <p>Insufficient reasoning led to unacceptable bans on future publications</p> Signup and view all the answers

    What kind of measures can the Security Council implement to maintain international peace and security?

    <p>Economic sanctions among other non-armed measures</p> Signup and view all the answers

    Which action is explicitly mentioned in Article 42 as a measure the Security Council may take?

    <p>Demonstrations and air operations</p> Signup and view all the answers

    In the context of the case Bild GmbH & Co.KG v. Germany, what was the main concern regarding the use of CCTV footage?

    <p>Privacy protection for police officers in the footage</p> Signup and view all the answers

    Which of the following is NOT a potential measure under Article 41 to maintain international peace?

    <p>Troop deployments</p> Signup and view all the answers

    What could be a consequence of the reasoning used by the German courts in the Bild GmbH case?

    <p>Unacceptable bans on future unedited publications</p> Signup and view all the answers

    What type of actions may the Security Council take under Article 42?

    <p>Conduct air operations and blockades</p> Signup and view all the answers

    What was declared in response to Philippe Morillon's promise regarding Srebrenica in 1993?

    <p>It was declared a UN protected zone.</p> Signup and view all the answers

    Which of the following cases was judged by the ICJ in 2005?

    <p>Armed activities on the territory of the Congo</p> Signup and view all the answers

    What type of obligation is defined as 'erga omnes'?

    <p>Obligations towards the international community.</p> Signup and view all the answers

    What is a characteristic of 'erga singulum' obligations?

    <p>They involve reciprocal obligations between two states.</p> Signup and view all the answers

    Which event involved the occupation of the U.S. Embassy in Iran?

    <p>Actions by Ayatollah Khomeini.</p> Signup and view all the answers

    What is a valid reason for armed intervention under international law?

    <p>Assistance to a legally recognized government.</p> Signup and view all the answers

    In the context of international law, what type of measures does Article 54 refer to?

    <p>Aid offered by other states to the injured party.</p> Signup and view all the answers

    Which scenario could illustrate the functioning of the rules established in Corfu Channel case?

    <p>Accidental military incursion by one state into another's territory.</p> Signup and view all the answers

    What do the terms 'insurreccionales' and 'escuadrones de la muerte' refer to?

    <p>Revolutionary movements and death squads.</p> Signup and view all the answers

    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.

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