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Unformatted text preview: als. The State will be held liable only if, by reason of its indifference in preventing or punishing it, it can be considered to have connived in effecting its commission. Q: What are the elements of an internationally wrongful act? A: 1. Act or omission is attributable to the State under international law; and 2. Constitutes a breach of an international obligation of the State Note: Every internationally wrongful act of a State entails the international responsibility of that State. Q: What are the acts/situations which are attributable to the State? A: 1. Acts of the State organs – acts of State organs in their capacity provided by law or under instructions of superiors 2. Acts of other persons – If the group of persons was in fact exercising elements of the governmental authority in the absence or default of the official authorities and circumstances such as to call for the exercise of those elements of authority. 3. Acts of revolutionaries – conduct of an insurrectional movement which becomes the new government of a State or part of a State. Q: What is the theory of Objective or Strict Liability with respect to state responsibility? A: It provides that fault is unnecessary for State responsibility to be incurred. Its requisites are: POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. PUBLIC INTERNATIONAL LAW 1.
2. Agency Casual connection between the breach and the act or omission imputable to the State. Q: What are the reliefs available where a State is liable for an internationally wrongful act? A: 1. Declaratory relief – declaration by a co...
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