Professional Documents
Culture Documents
State Responsibility
State Responsibility
International
responsibility
Elements of SR
(1) breach of
international obligations,
(2) attributability /
imputability
1. Persons
Conduct Acknowledged/Adopted by
a State as its Own
Intertemporal law
Circumstances Precluding
Wrongfulness (Defences)
1.
2.
3.
Circumstances Precluding
Wrongfulness (Defences)
4.
Circumstances Precluding
Wrongfulness (Defences)
5.
6.
Circumstances Precluding
Wrongfulness (Defences)
Legal Consequences of An
Internationally Wrongful Act
Types of Reparation
3.
apology
Nominal damages for satisfaction of
victims
Disciplinary action against govty
committing misconduct
Punishment of the culprits
Borchgraves case (Belgium v
Spain)
Neer Claim
Claims Commission held treatment of an
alien should not be an international
delinquency amounting to a willful neglect
of duty @ insufficiency of governmental
action far short of international stds in the
eyes of every reasonable/impartial person
Expropriation
ways:
1. Invocation of responsibility by
an injured State
2. Invocation of responsibility by
other States: the concept of
obligations ergam omnes
Invocation of Responsibility by an
Injured State
Admissibility of Claims
Art 44 2 requirements:
1. Nationality of claims
2. Exhaustion of local remedies
Nationality of Claims:
Under CIL, State has a right to protect its
nationals (diplomatic protection)
Nationality of Claims
Mavrommatis Palestine Concession Case
Initially was a dispute between pvt person & a State
(Mavrommatis v GB). Later Greek govt took up the
case & sue GB. Issue whether State (Greece)
had the right to protect nationals
Held if no remedies for individual, then State can
take action on his/her/its behalf (exhaustion of
local remedies)
Basis of claim bond of nationality PanevezysSaldutiskis Case (Estonia v Lithuania) Lithuania
expropriated Estonian railway co. & the later ICJ
ag. The former on the co.s behalf
Held: it is the bond of nationality between State &
individuals which confers right of diplomatic
protection & taking up the claim on the State
Nationality of Claims
Protection of Individuals (contd)
Nottebohm case court looked at:
Where was his main seat of business Genuine connection of existence & strong
sentimental attachment
Settled in Guatemala for 34 years (his main
seat of business)
No close connection between him &
Liechtenstein & the latter cant exercise
diplomatic protection.
Nationality of Claims
Protection of Individuals (contd)
ILC Draft Articles on Diplomatic Protection
does not require genuine link as requirement
of nationality.
Art 4 State of nationality means State
whose nationality that person has acquired in
accordance of the law of that State by birth,
descent, naturalisation, succession of States
not inconsistent with international law.
Art. 5 nationality must exist at date of
injury & continue until at least the date of
presentation of claim.
Nationality of Claims
Protection of Individuals (contd)
2 situations:
Dual/multiple nationality & claim against 3rd State:
1.
2.
Protection of Companies:
Art. 9 national State State whose law the
corporation was incorporated
Countermeasures
1.
2.
3.
4.
5.