State Responsibility - State Responsibility In...

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State Responsibility In international plane, most obligations and burden of compliance rests on states. -Ex. Human rights conventions-- though conferring rights upon individuals, imposes obligations on states. Law of state responsibility enunciates consequences of a breach by a state of an international obligation, and regulates permissible responses to such breaches. What is a breach of intl law by a state depends on what its intl obligations are, and especially as far as treaties are concerned, these vary from one state to the next; each state has its own range of bilateral/multilateral obligations. International responsibility of a state arises from the commission of an internationally wrongful act (Article I ILC) -No distinction in principle between a breach of treaty and a breach of customary rule as long as rule in force for state (Article 12 ILC). ILC's Articles- involve both codification and progressive development of customary intl law. "States" are not alive and do not act; they act through 'organs' or agents. A ) Acts of State Organs and Officials ILC Article 4- "conduct of any state organ (exe, jud, leg) shall be considered an act of the state under intl law" -Any state official, even at local or municipal level, may commit an internationally wrongful act attributable to the state. -
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This note was uploaded on 09/04/2010 for the course GOVT 380 taught by Professor Tannenwald,n during the Spring '07 term at Cornell University (Engineering School).

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State Responsibility - State Responsibility In...

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