Lecture 10.

1 state responsibility
• Refers to the liability of one state to another
for non observance of the obligations
imposed by international legal system.
• Injuries vary- breach of a treaty, injury to
defendant state’s nationals or their property.
• All states have equal responsibility under
international law for their illegal acts.
 10.2
• A state can not plead lack of capacity and
new states do not enjoy a period of grace.
• A state can not relieve of its responsibility
by either invoking or omissions of its
domestic law.
• A federal government can not exonerate
itself to acts of an individual member state.
 10.3
• Liability may be civil or criminal.
• Civil-international delict- a simple wrongful
act which is not an international crime.
• Criminal-an international wrongful act
which is essential for the protection of
fundamental interests of international
community and that its breach is recognized
as a crime by that community.
 10.4
• International crime arises out of:
• Breach of international peace and security
• Not safeguarding the right to self determination of
peoples
• Failure to observe prohibition of slavery, genocide
and apartheid.
• Safeguarding the preservation of the human
environment-massive pollution of atmosphere or
sea.
 10.5
• A state is only responsible for acts or omissions
which can be attributed to its own. A state is
responsible foe actions of government, political
division of state, organ, agency official employee
of agent of its government or of sub division
acting within the scope of their employment.
• A state is not responsible for acts committed by
their nationals in his private capacity against a
foreigner. And is subject to prosecution in the
domestic courts. But may be held responsible if it
fails to prosecute and punish the individual.
 10.6
• An individual however can be liable for certain
crimes under international law. (international
criminals).
• A state can not deny responsibility for an
international wrong on the grounds that the act is ,
under its domestic law. Read southern pacific
properties middle east ltd vs Arab republic of
Egypt 1993. Youmans Claim 1926.
 10.7
• A state is responsible for the acts of all its
officials irrespective of its rank (Rainbow
Warrior case 1987).
• A state is not held responsible for
insurrectionary but should they succeed
they will become liable for their acts.
• For breaking the rules the consequences
range:
 10.8
• Diplomatic negotiation may produce an apology
or an assurance.
• If there is material loss reparation ma be called
for. And are designed to restore previous
conditions or compensate for an injury.
• Compensation is a matter of negotiations and there
is no fixed amount to be paid.
• Liability arises from- treaty breach, violation of
territorial integrity, injures diplomatic
representatives, mistreats its national
 10.9
• If individual is injured he can not force a
state to expouse claim nor an individual can
stop a state from representing one ‘s case. A
state can choose to or not to take up a case.
• A state representing an individual is a state
protecting one of its interest which must be
respected that its national be treated in a
particular manner.
 10.10
Standard treatment must be observed.
But no state is forced to admit foreign nationals. They are
subject to control, one admitted aliens are supposed to be
treated well otherwise breach arises.
Aliens are assured of certain rights- right of equality within
judicial process, protection from inhuman treatment.
Aliens are required to observe the law.
There are international minimum standard – simply failing of
civilized behaviour (that every reasonable and impartial
man would readily recognize its insufficiency.
 10.11
• Although international law is against the
arbitrary and unjustified expulsion of aliens
a state enjoy discretion to deport aliens if
such aliens is a threat to public interest.
• If expelled the state of nationality is
supposed to take them unless they indicate
that they are going somewhere.
 10.12
• International law does not force states to take
refugees, but the 1967 protocol on the status of
refugees indicates that no refugee can be expelled
to the territory where his life or freedom will be
questioned.
• Expropriation of property- shall be undertaken on
the grounds of public utility, security of the
national interest which are recognized as
overriding purely individual or private interests,
both domestic or foreign.
 10.13
• Thus expropriation maybe valid for public
purpose and appropriate compensation aught to be
paid.
• What public purpose (Certain German Interest in
Polish Upper Silesia Case 1929) Amoco
International Financial corp vs Iran).
• Nationalization which discriminates against
foreigners is contrary to international law.
 10.14
• Compensation for appropriation aught to be
paid
• It must be prompt, adequate and effective
• Traditionally – equivalent of property taken.
• Deferred payment is only allowed if amount
to be paid is fixed and allowance of interest
provided for.
 10.15
• It is an established rule of international law that
before diplomatic protection is afforded local
remedies must be exhausted.
• The exhaustion of local remedies is not required
when the alleged wrong is a direct injury by one
state against the other.
• Responsibility also extends to the environment
(international environmental law).