Week 9 LL 278- state responsibility

Week 9 LL 278- state responsibility - Week 9: Principles of...

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Week 9: Principles of State Responsibility -When will state be responsible for officials. -When is state responsible for actions outside its own territory. -If responsible for violation of intl law, what are consequences? -If states sign on to ICCPR what are their obligations? -Vienna Convention: look at ordinary meaning, object and purpose, context, and subsequent practice. -State A acts in territory of state B, responsible? Lets interpret jurisdiction in its context, 4 principles of jurisdiction- states dont have to exercise jurisdiction, they CAN exercise jurisdiction, so if you have right to but choose not? -State responsibility- particular act inputibile to state under principles of ILC, must have violation of intl law and the only way for this if consented to be bound by treaties by signing. -Territory and jurisdiction dont exactly go hand in hand. -ICCPR- individuals within its territory and subject to its jurisdiction. Applying provision: 1) NATO bombing in Kosovo- number of NATO states bombed Yugoslavia region, federal republic of Yugoslavia not signed on to ECHR. Some civilians killed and sued NATO states part of ECHR -They lose the case bc they were only bombing Yugoslavia and didnt have jurisdiction, so cant be held responsible for human rights on the ground. -ECHR- object and purpose- to protect human rights.
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Week 9 LL 278- state responsibility - Week 9: Principles of...

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