| Vorderseite | State Responsibility |
|---|---|
| Rückseite | General - was intended to be the “VCLT of responsibility” - but it was so controversial that it was just passed as a GA resolution - but it might be customary international law - SC wont intervene into an arrangement between two states -> so there is no “international police” -> But: countries will try to oblige to all international obligations, in order of keeping good relations Attributes and legal basis: - Art. 1: implies attribution and violation - Requirements for responsibility: Art. 2 o Violation - Which norm of int. law was breached? o Attribution - Who is responsible for it (attribution to a legal subject) o Causation - Causal link between the act that breaches the law and the damage - Consequences (remedies) are: (Art. 30,31) o Cessation: Stop doing it o Non-repetition: Don’t repeat it o Reparation: Pay back for all the physical injuries o Apology: Pay back for moral injuries - Forms of reparation: (Art. 34) o Restitution (restitute the situation as before the wrongful act happened) o Compensation (if restitution is impossible – since some things are not able to be restituted – you have to pay) o Satisfaction (acknowledgement of the breach, expression of regret, formal apology, etc.) - Breach of peremptory norms/ius cogens: (Art. 40,41) Very vague: Only says that states should work together to stop the breach. - Countermeasures: (Art. 49-54) o Affected states are authorized to breach international law as well, to get the other state to comply - Limits: (Art. 49,50) o use of force o fundamental human rights o ius cogens o obligations of humanitarian character - Proportionality: (Art. 51) o the countermeasure must be proportionate |
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