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View Full Version : Discuss the law of state responsibility. (2006/S)



vustudents
09-06-2012, 08:41 PM
1. Introduction:
A state has certain obligations under international law towards other nation of the world. the state responsibility concern the circumstances in which and principles whereby the injured state becomes entitled to redress for the damage suffered. the state responsibility concerning international duties is a legal responsibility, for wrongful act or omission or breach of international obligation.
2. Meaning of state responsibility:
Rules of international responsibility concern circumstances in which and the principle whereby the injured state becomes entitled to redress for the damage suffered.
3. Definition of state responsibility:
State responsibility is responsibility of states for internationally wrongful acts. state responsibility is governed by international standards and it depends upon international law where and to what extent the act or omission of particular state is deemed legitimate or wrongful.
Responsibility of states for internationally wrongful act, 2001.
Article 1 of this act says i. e every internationally wrongful act of a state entails the international responsibility of the state.
4. occurrence of state responsibility:
State responsibility may occur in the circumstances as under.
i. In the time of peace.
ii. At the time of war.
5. Basis of state responsibility:
State responsibility depends upon the rights a state to exercise jurisdiction within its own territory un- trammeled by any out side interference and its right to protect its citizen abroad.
6. What constitutes a breach of obligation:
When the act of the state is not conformity with the international obligation, it amounts to breach of the same and gives rise to international responsibility.
Effect of breach:
The effect of breach is prospective and does not operate retrospectively.
7. Essential elements of state responsibility:
Following are essential elements of state responsibility.
i) The existence of an international legal obligation in force as between two particular states.
ii) There has been occurred an act or omission which violates that obligation and which is imputable to the state responsible.
iii) The loss or damage has resulted from the unlawful act or omission.
8. Types of state responsibility:
State responsibility is. two types.
I. Original state responsibility:
Original responsibility emanates from its own action or actions of the lower agents or private individuals performance at the binding of governments or which its authorization.
II. Vicarious responsibility:
It is the responsibility for the state for the acts of their agents, of their subjects, and even of such a liens as are for the time being living in their territory.
9. Kinds of state responsibility:
Important kinds are as under.
I. State responsibility of acts of individuals:
If the citizens of a state cause some damage or harm to an alien in that state, that alien gets the right to file the suit for compensation according to law of that state.
II. State responsibility for acts of insurgents:
State is generally responsible to prevent the violent acts of the revolutionaries.
Exception:
According to Calvo doctrine the state is not responsible for the losses suffered by the alien person during civil war.
III. State responsibility in connection with expropriation of foreign property:
Generally state is responsible for the expropriation of foreign property on the basis of practice, principles and decided cases, expropriation of foreign property can be valid only where there is no irregularity or discrimination with foreigners expropriation includes discrimination with foreigners expropriation includes nationalization and confiscation of foreigner's property.
IV. State responsibility for acts of its government organ:
The state is directly responsible if the acts of government injury to the alien.
V. State responsibility for breach of treaty obligation:
State would not be responsible for damage to individual but would be responsible for damage from breach of treaty obligation.
VI. State responsibility for contract with foreigners:
The general rule is that if there is a breach contract entered into by a state with alien then it does not give rise to any international responsibility. the aline have remedy to avail the local means available to him the laws of that state.
10. Nature of doctrine of state responsibility:
According to oppenneim:
"It is often maintained that a state, as a sovereign person, can have no legal responsibility whatever. this is only correct with responsibility whatever. this is only correct with reference to certain acts of the state towards its subjects. since a state can abolish part of its municipal law and make new municipal law. it always avoid legal, although not moral, responsibility by a change of municipal law. the position is different with regard to the external responsibility of the state as an international person. state responsibility concerning international duties is therefore a legal responsibility."
11. Evolution of law of state responsibility:
The law of state responsibility is still in evolution. some rules of liability also exist in international law.
12. Consequences of state responsibility:
Consequences of state responsibility are as under.
i. Restitution.
ii. Indemnity.
iii. Satisfaction.
13. Conclusion:
To conclude it can be say that state is an international person. it has obligations under international law. state responsibility is a fundamental principle of international law. whenever a state commits an internationally unlawful act against another state, international responsibility is established between two.