DOCTRINE OF STATE RESPONSIBILITY

Every internationally wrongful act of a State entails the international responsibility of the State
What is an internationally wrongful act?

CONDUCT ATTRIBUTION BREACH

a. Characterization of the act is a. The State is responsible for conduct even when An act not in conformity with what is
governed by international law. those organs are acting in excess of authority. required of a State by that obligation
Responsibility cannot be limited to acts intra vires.
b. The legal status of the act - The law/obligation breached should
under national law is irrelevant b. State organ carries out state function and be in force for the State at a relevant
includes organs with that status under its national time
c. The State cannot plead local law. - The breach may be continuing or
law to excuse from an composite
international obligation. c. Six (6) cases where the State is responsible for - Breach is serious if the obligation is
PACTA SUNT SERVANDA acts of persons or entities under the peremptory norm of
international law.
1. Persons and entities empowered to exercise
elements of governmental authority.

2. Foreign state organs placed at another

state’s disposal.

3. Persons or entities acting under direction

and control of the State
 4. Persons or entities exercising elements of
governmental authority in default of official
authorities

5. Successful revolutionary movement that

become the government of the State

6. Where and to the extent that the State

acknowledges and adopts the conduct of
persons and entities.

DEFENSES (Excuse, CONSEQUENCES OF STATE RESPONSIBILITY INVOCATION OF STATE RESPONSIBIITY

Justification)
1. Consent
2. Force majeure
-irresistible
force/unforeseen event
- beyond control
- making performance
materially impossible
3. Distress
- no other reasonable way
of saving life or lives of
other person entrusted to
Content
Who is entitled to invoke ?
1. Continued duty of performance
2. Required Cessation of wrongful act
a. cease functioning
b. offer of appropriate assurances or
guarantee of non repetition
3. Obligation to make full reparation
a. restitution to status quo
b. compensation – where restoration to status
1. Injured State provided the
obligation breached pertains to that
state individually or specially affects
that State
- Group of States where breach is of
character as radically to change the
position of all other states to which
the obligation is owned.
 his care
4. Necessity
a. the only way to safeguard
essential interest against
grave and imminent peril
b. does not seriously impair
essential interest of the
State towards which
obligation exists or of
international community as
a whole.
5. Self Defense
6. Countermeasures
Read Chapter VII,
Articles 39 to 51 on
Use of Forces short of
War
quo ante not possible, or where damage is
financially assessable
c. satisfaction in addition or where restitution
or compensation is not possible or
appropriate, express apology
2. Non-injured States
- May claim where the obligation
breached is erga omnes designed
to protect a collective interest of
states including that of invoking
state.
- May claim cessation of acts and
assurances of non repetition
- May claim performance of
obligation of reparation in the
interest of injured state or of the
beneficiaries of the obligation