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breach, attribution,CPWas above3.planned chemical weapons attack on barracks in Mbreachof art 2(4) as abovebreachof art 2(7) as aboveattribution:head of arms cartel has become Trade Minister art 4 state organrest of arms and drug dealers not state organsno evidence that exercising governmental authority under art 5
Updated State Responsibility Problem4maybe art 8 if arms dealers are acting under direction and control of SNo CPW:no consent or self defenceState Responsibility for breach of due diligence and possibly chemical weapons attack if TradeMinister involved (?)Remedy for MBreach of obligation entailsobligation to provide remedy(Chorzow Factory PCIJ)S still hasduty to perform obligationbreached (art 29)S mustceasethe act andguarantee non‐repetition(art 30)Reparationsavailable for material or moral injury (art 31): both hereRestitution: art 35 re‐establish the situation which existed before the wrongful act was committed,provided and to the extent that restitution(a)is not materially impossible;(b)does not involve a burden out of all proportion to the benefit deriving from restitutioninstead of compensationDifficult to provide restitution re arms and drug dealing and chemical weapons attack (if this hasalready occurred)Compensation:art 36: likely hereSatisfaction: art 37Eg apology (Rainbow Warrior)Court declaration that S in breach of obligation (Bosnian Genocide) Likely hereDid M contribute to injury? Art 39Unlawful acts of M?