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State Responsibility

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0% found this document useful (0 votes)
205 views5 pages

State Responsibility

Uploaded by

anyhow092
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ee Public Intemational Law Subic Intemational Law 1. INTRODUCTION A State has certain obligations. under International Law towards other nation of the world. The State responsibility concer the circumstances in which -and principles whereby the injured state becomes entitled to redress for the damage suffered. The State Responsibility concerning international ¢ duties is a legal responsibi ility, for wrongful act or. omission or breach ‘of international obligation. . o 2. MEANING OF STATE RESPONSIBILITY _ Rules of international responsibility concern circumstances in which and the principle whereby the injured state becomes entitled to redress for’ the damage suffered. 3. DEFINITION OF STATE RESPONSIBILITY State responsibility is responsibility of states for intemationally wrongful acts.. State responsibility is 8overmed by international standards and it depends upon International Law where and to what extent the act oF (me particular state is deemed legitimate EFFECT OF BREACH The effect of breach is prospectiv operate retrospectively. 8. ESSENTIAL ELEMENTS "RESPONSIBILITY and does not OF STATE Following are of state responsibility. i). essential elements The existence of an international legal obligation in force as between two particular states, There has been occurred an act_or omission which violates that obligation and which is ok : imputable to the state responsible. ii) roe UB

It is the responsibility for the state for the acts of their agents, of their subjects, and even of such a liens as are for the time being living in their territory. KINDS OF STATE RESPONSIBILITY 7 Important kinds are as under:= STATE RESPONSIBILITY OF INDIVIDUAI ACTS OF Ifthe citizens of a state cause some damage or hart to an alien in that state, that alien gets the right to file te Suit for compensation according to law of that state. STATE. RESPONSIBILITY FOR ACTS oF INSURGENTS: 1/0 LuTyorcev State is generally Tesponsible to prevent the viele! acts of the revolutionaries, > | EXCEPTION According t0 Calvo doctrine the state is ™ Protest 4 bo 1 Oued 7 The pte responsible for the losses Si by the alien person. during civil war. b Twn us cugce! Vt~ do bl wot ae Inemationl Law SO EG ae eee TON WITH EXPROPRIATION OF FOREIGN PROPERTY:- oe a Generally state is responsible for the expropriation, of foreign property on the basis of practice, principles and decided cases, expropriation of foreign property can be valid only where there is no irregularity’ or discrimination with foreigners expropriation includes nationalization and confiscation of foreigner’s property. The state is directly responsible if the acts of government caused injury to the alien. V. STATE RESPONSIBILITY FOR BREACH OF TREATY OBLIGATION: State would not be responsible for damage to individual but would be responsible for damage from breach of treaty obligation. : VI. STATE RESPONSIBILITY FOR CONTRACT STATE RESON WITH FOREIGNERS;- The General Rule is that if there is a breach of 102. tract entered into by & state with alien then it does ot = sntemational responsibility. The alien hay, jive rise to any ra Rae val the local means available to him inthe lay, remedy to avail d of that state, 11, EXCEPTIONS TO STATE RESPONSIBILITY Following are exceptions to state responsibility @ Acts done with the consent of other state are exempt from liability to the extent of ‘concent. ji) Acts done in self defense in conformity with the U.N charter. (iii) Acts done due to force majeure (iv) Acts done under necessity. (v) Acts covered by retaliation. 3 12, NATURE OF pocfiINE OF STATE RESPONSIBILITY > ACCORDING TO OPPENNEIM:- ~“It is often maintained that a state, as a sovereign Person, can have no legal responsibility whatever. This # only correct with responsibility whatever. This is only correct with reference to certain acts of the state towards its subjects. Since a state can abolish part of its Municipal Law’ and make new municipal law. It always avoid legal 103, Public International Law although not moral, responsibility by a change of Municipal law. The position is different with regard to the external responsibility of the state as an international persons: State responsibility concerning international duties is therefore a legal responsibility”. 13. EVOLUTION OF LAW OF STATE RESPONSIBILITY The law of state responsibility is still in evolution. Some rules of liability also exist in International Law. n niititho joker Restitution is to re-establish the situation which would have existed had not taken place. v._ INDEMNITY: Re pa pet lee < on es It is a usual form of reparation. Indemnity ta place when restitution is not possible. iv. the wrongful act or omission vii SATISFACTION: When author of breach of duty is bound to take under customary law or under an agreement by the Parties to dispute. 5 Ms CONSEQUENCES _OF _ RESPONSIBILITY Consequences of state responsibility are as under: __STATE State Responsibility 104 . - i. Restitution. ii. Indemnity iii. Satisfaction. 15. CONCLUSION “To conclude it can be say that state is an international person. It has obligations under International Law. State responsibility is a Fundamental Principle of International Law. Whenever a state commits an internationally unlawful act against another _ state, International responsibility is established between two.

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