LL 278- State responsibility - EVANS CHAPTER 15- STATE...

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EVANS CHAPTER 15- STATE RESPONSIBILITY -Law of state responsibility enunciates consequences of a breach by a State of an international obligation, and regulates permissible responses to such breaches. *ILC Articles on Responsibility of States for Intlly Wrongful Acts (2001; page 538 of Blackstones) *Most obligations and burden of compliance rests on states; e.g human rights conventions, though conferring rights upon individuals, imposes obligations upon states. -As with any legals system involves- being subject to responsibilities comes with rights. -'State responsibility'- covers the field of the responsibility of states for internationally wrongful conduct. Amounts, in other words, to a general law of wrongs. -What is a breach of intl law by a states 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 and multilateral treaty obligations. *Background of assumptions on state responsibility are set out in ILC's Articles- involve both codification and progressive development. -State responsibility can only be engaged for breaches of international law- ie for conduct which is intlly wrongful becuase it involves some violation of an intl obligation applicable to and binding on the state. -A dispute btwn two states concerning the breach of an intl obligation, whether customary or deriving from treaty, conerns intl responsibility, and this will be true whether the remedy sought is reparation for past breach, or cessation of the intlly wrongful conduct for the future. -Not all claims against a state involve intl responsibility- a state sued in national court, even though intl law helps determine to what is the extent of the defendent state's immunity from jurisidiction. *Responsibility claims traditionally brought directly between states at the intl level, or before an intl court or tribunal -No types or degrees of libability according to source of obligation breached ( Rainbow Warrior case) -VCLT (rule of treaty law) determine when a treaty obligation is in force for a state and what it means, how it is to be interpreted. -Rules of state responsibility determine what are the legal consequences of its breach
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LL 278- State responsibility - EVANS CHAPTER 15- STATE...

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