Public International Law (UPES)

LARGE GROUP 9
Student Guide

Relationship between State and Individual under International Law: State

Responsibility and Diplomatic Agents (1)

Introduction

Outcomes

By the end of this Large Group you should be able to understand:

1. The nature, basis and elements of State responsibility;

2. The theories of State responsibility
3. The defences precluding State responsibility;
4. The significance and importance of diplomatic agents;
5. The objectives and functions of diplomatic agents;
6. The inviolability, immunity and privileges of diplomatic agents

1 State Responsibility
Nature, basis and elements of State Responsibility

The Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA,

also known as 'the Articles on State Responsibility'), established by the International
Law Commission in 2001

Article 1 ARSIWA

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Article 2 ARSIWA

-attribution

-breach

Article 30

Article 31

Theories of State Responsibility

The fault theory or doctrine of ‘culpa’

The risk theory

The eclectic theory

Academic views on these theories

Defences precluding State responsibility

Article 20 – Consent

Article 21 – Self-defence

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Article 22 – Countermeasures

Article 23 – Force majeure

Article 24 – Distress

Article 25 – Necessity

2 Diplomatic Agents
The significance and importance of diplomatic agents

Origins

The 1961 Vienna Convention on Diplomatic Relations (VCDR)

The 1973 Convention on the Prevention and Punishment of Crimes against

Internationally Protected Persons

Objectives and functions of diplomatic agents

Article 3 of the VCDR1:

“(a) to represent the sending State;

(b)to protect the interests of the sending State and its nationals;
(c)to negotiate with the government of the receiving State;

1
https://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf

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(d)to ascertain and report to the government of the sending State on the conditions
and developments in the receiving State;
(e) to promote friendly relations between the sending State and the receiving State,
and to develop their economic, cultural, and scientific relations.”

Inviolability, immunity and privileges of diplomatic agents

Personal inviolability

-Article 29 VCDR

-Article 22 and 30 VCDR

Immunity and Privilege

-Article 31 VCDR

-Articles 23, 34 and 36 VCDR

-Article 26 VCDR

-Article 27 VCDR

Diplomatic agent’s duties to the receiving State

Article 41(1) VCDR

Article 41 (2) VCDR

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Article 41 (3) VCDR

Article 42 VCDR

3 Conclusion
When does diplomatic immunity come to an end?

-Article 50 ARSIWA

-Article 9 VCDR

-Article 32 VCDR

-Article 39 VCDR

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