PUBLIC INTERNATIONAL LAW

SIMEON M TUTAAN JR

DOCTRINE OF STATE RESPONSIBILITY

State responsibility is the consequence of a state’s breach of an international obligation or violation of an

international law. The doctrine concerns itself with the rule to determinewhen a breach or violation
occurs, termed as international wrongful acts, and determines thelegal consequences of such breach and
violation. Thus, if a state breaches an international law, it will be held to account under the law or
doctrine of state responsibility. The state may be held responsible for: (a) an internationally wrongful act,
(b) attribution to the state, (c) defenses available to the state and (d) legal consequences of breach.

The traditional and narrower or more specific definition of state responsibility as referring mainly to the
obligations towards an alien. Thus, Salonga and Yap defines state responsibility, ” A state is under
obligation to make reparation to another state for the failure to fulfil its primary obligation to afford, in
accordance with the international law, the proper protection due to an alien who is a national of the latter
state”.

The traditional concept of state responsibility refers to the responsibility of the state for injuries caused to
aliens. However, much of the concerns over the rights of alien have been gradually addressed by the laws
of the international human rights. Accordingly, the topic of “treatment of aliens’ has been considered by
some as topic different from the topic of state responsibility.

State responsibility requires that the wrongful act must be attributable to state, (a) direct responsibility
attaches to the state if the wronful act or omission was affected through any of its superior organs acting
on behalf or acts of its government officials and entities, (b) indirect responsibility are wrong committed
by inferior government officials or even by private individuals.

SOURCES: International law, 2010 Edition by Dennis Funa

International law, 2003 Edition by Isagani A Cruz