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 of102.
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:
__STATEState 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.