State Responsibility under ARSIWA

Choose a study mode

Play Quiz

Study Flashcards

Spaced Repetition

Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is one of the fundamental elements required for state responsibility?

Irrelevance of customary law
Absence of an obligation
Agreement between states
Existence of an obligation (correct)

A state can be held responsible for an act that is not attributable to it.

False (B)

Name one type of obligation that can lead to state responsibility.

Treaty obligation or customary international law

State responsibility arises when a state breaches an international obligation that is __________ to it.

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

Match the following concepts with their descriptions:

<p>Existence of obligation = A necessary requirement for state responsibility Breach of obligation = The act of violating an international obligation Attribution of breach = The association of a wrongful act directly to a state International wrongful act = An act or omission that breaches an international obligation</p> Signup and view all the answers

Flashcards

State Responsibility

A state's liability for violating an international obligation.

Attribution of Breach to State

A rule that says a state is responsible for its own actions, even if those actions are done by its officials or agents.

Breach of International Obligation

An international wrong occurs when a state violates a treaty or customary rule of international law.

International Wrongful Act

When a state's conduct violates an international obligation, and that conduct is attributable to the state itself.

Signup and view all the flashcards

Source of International Obligation

An international obligation can be from a treaty or customary law.

Signup and view all the flashcards

Study Notes

State Responsibility under ARSIWA

ARSIWA (articles on state responsibility) is not a binding treaty, but rather a guide for teaching public policies.
State responsibility arises from the violation of a state's international obligations, whether through treaties or customary international law.
A violation (breach) of obligation must be attributable to the state.