State responsibilty under public international law
The nature of state responsibilty is 'de lege ferenda ' it mean customs one step short of becoming law.
The wrongs that may give rise to state responsibilty are :-
1. Breach of treaty
2. Acts of agression
3. Non-performance of contractual obligation
4. Infringement of human rights
5. Injury to the citizens of other states
6. Involvement in ultra hazardous activities
7. Breaches of international law involving international crimes
The fact that an act may be characterized internationally wrongful can not be affected by characterization of the same as lawful by internal law.
It is not open to any state to defend claim asserting that the particular state agency while committing a wrongful act exceeds the scope of its authority under municipal law.
No defence can be taken that international law is not im confirmity with municipal law.
I.e - exceeding authority is no defence to escape state responsibility.
Some famous cases related to state responsibilty with their observations.
CORFU CHANNEL CASE
observation :- Responsibility arises when there are grave omissions. Albania is responsible for the explosions that occurred and in case where there is damage and loss to human life, there is a duty upon the country to pay compensation.
SPANISH ZONE OF MOROCCO CLAIMS.
For more on this topic wait for second part.
The nature of state responsibilty is 'de lege ferenda ' it mean customs one step short of becoming law.
The wrongs that may give rise to state responsibilty are :-
1. Breach of treaty
2. Acts of agression
3. Non-performance of contractual obligation
4. Infringement of human rights
5. Injury to the citizens of other states
6. Involvement in ultra hazardous activities
7. Breaches of international law involving international crimes
The fact that an act may be characterized internationally wrongful can not be affected by characterization of the same as lawful by internal law.
It is not open to any state to defend claim asserting that the particular state agency while committing a wrongful act exceeds the scope of its authority under municipal law.
No defence can be taken that international law is not im confirmity with municipal law.
I.e - exceeding authority is no defence to escape state responsibility.
Some famous cases related to state responsibilty with their observations.
CORFU CHANNEL CASE
observation :- Responsibility arises when there are grave omissions. Albania is responsible for the explosions that occurred and in case where there is damage and loss to human life, there is a duty upon the country to pay compensation.
SPANISH ZONE OF MOROCCO CLAIMS.
For more on this topic wait for second part.
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