The law of state responsibility are the principles governing when and how a state is held responsible for a breach of an international obligation. Rather than set forth any particular obligations, the rules of state responsibility determine, in general, when an obligation has been breached and the legal consequences of that violation. In this way they are "secondary" rules that address basic issues of responsibility and remedies available for breach of "primary" or substantive rules of international law, such as with respect to the use of armed force. Because of this generality, the rules can be studied independently of the primary rules of obligation. They establish (1) the conditions for an act to qualify as internationally wrongful, (2) the circumstances under which actions of officials, private individuals and other entities may be attributed to the state, (3) general defences to liability and (4) the consequences of liability. A state is a political association with effective dominion over a geographic area. ... Almanac · Categories · Glossaries · Lists · Overviews · Portals · Questions · Site news · Index Art | Culture | Geography | Health | History | Mathematics | People | Philosophy | Science | Society | Technology Wikipedia is an encyclopedia written by its users in over 200 languages worldwide. ... An obligation can be legal or moral. ... In grammar, a substantive is either: a noun substantive, now also called simply noun; or a verb substantive, which is a verb like English be when expressing existence (in contrast to use as a copula). ... This article or section is in need of attention from an expert on the subject. ... An official (from the Latin Officialis, person – or object – related to an officium, v. ... As commonly used, individual refers to a person or to any specific object in a collection. ...

Until recently, the theory of the law of state responsibility was not well developed. The position has now changed, with the adoption of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts ("Draft Articles") by the International Law Commission (ILC) in August 2001.^[1] The Draft Articles are a combination of codification and progressive development. They have already been cited by the International Court of Justice^[2] and have generally been well received. This article or section does not cite any references or sources. ... 2001 : January - February - March - April - May - June - July - August - September - October - November - December Deaths: August 25 - Aaliyah Films: August 10 - Osmosis Jones played by Chris Rock, starring Bill Murray August 24 - Bubble Boy Categories: 2001 by month ... The International Court of Justice (known colloquially as the World Court or ICJ; French: ) is the primary judicial organ of the United Nations. ...

Although the articles are general in coverage, they do not necessarily apply in all cases. Particular treaty regimes, such as the General Agreement on Tariffs and Trade and the European Convention on Human Rights, have established their own special rules of responsibility. Single European Act A treaty is a binding agreement under international law entered into by actors in international law, namely states and international organizations. ... The General Agreement on Tariffs and Trade (typically abbreviated GATT) was originally created by the Bretton Woods Conference as part of a larger plan for economic recovery after World War II. The GATTs main purpose was to reduce barriers to international trade. ... The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), was adopted under the auspices of the Council of Europe[1] in 1950 to protect human rights and fundamental freedoms. ...

History

Traditionally, the term "state responsibility" referred only to state responsibility for injuries to aliens. It included not only "secondary" issues such as attribution and remedies, but also the primary rights and duties of states, for example the asserted international standard of treatment and the right of diplomatic protection. Early efforts by the League of Nations and private bodies to codify the rules of "state responsibility" reflected the traditional focus on responsibility for injuries to aliens.^[3] The League's 1930 Codification Conference in The Hague was able to reached agreement only on "secondary" issues such as imputation, not on substantive rules regarding the treatment of aliens and their property. In U.S. law, an alien is a person who is owing political allegiance to another country or government and not a native or naturalized citizen of the land where they are found. ... In international law, diplomatic protection (or diplomatic espousal) is a means for a State to take diplomatic and other action against another State on behalf of its national whose rights and interests have been injured by the other State. ... The League of Nations was an international organization founded as a result of the Paris Peace Conference in 1919-1920. ... Coordinates: Country Netherlands Province South Holland Area (2006)  - Municipality 98. ... Imputation can refer to: Dividend imputation, tax credits attached to company dividends Imputation (economics) Imputation (religion) Imputation (statistics) This is a disambiguation page, a list of pages that otherwise might share the same title. ...

Attempts to codify and develop the rules of state responsibility have continued throughout the life of the United Nations. It took nearly 45 years, more than thirty reports, and extensive work by five Special Rapporteurs in order for the International Law Commission to reach agreement on the final text of the Draft Articles as a whole, with commentaries. At the same time, the customary international law of state responsibility concerning matters such as detention and physical ill-treatment of aliens and their right to a fair trial has been rendered less important than formerly by the development of international human rights law, which applies to all individuals, whether aliens or nationals. The concept of a general regime of legal responsibility, which the rules of state responsibility have taken on, is an inception of the civil law system and is largely foreign to the common law tradition. The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ... This article or section does not cite any references or sources. ... Customary international law Unwritten law applied to the behaviour of nations. ... The Right to a fair trial is an essential right in all countries respecting the rule of law. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... Civil law or continental law is the predominant system of law in the world. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...

Codification

The topic of state responsibility was one of the first 14 areas provisionally selected for the ILC's attention in 1949.^[4] When the ILC listed the topic for codification in 1953, "state responsibility" was distinguished from a separate topic on the "treatment of aliens", reflecting the growing view that state responsibility encompasses the breach of an international obligation.^[5] 1949 (MCMXLIX) was a common year starting on Saturday (the link is to a full 1949 calendar). ... 1953 (MCMLIII) was a common year starting on Thursday. ...

The ILC's first special rapporteur on state responsibility, F.V. García Amador of Cuba, appointed in 1955 noted, "It would be difficult to find a topic beset with greater confusion and uncertainty."^[6] García Amador attempted to return to the traditional focus on responsibility for injury to aliens but his work was essentially abandoned by the ILC when his membership ended in 1961. His successor, Roberto Ago of Italy, reconceptualised the ILC's work in terms of the distinction between primary and secondary rules, and also established the basic organisational structure of what would become the Draft Articles. By focusing on general rules, stated at a high level of abstraction, Ago created a politically safe space within which the ILC could work and largely avoid the contentious debates of the day. From 1969 until his election to the ICJ in 1980, Ago completed work on part 1 of the draft articles, addressing the origin of state responsibility. Most of the thirty-five articles adopted during his tenure are reflected in the final draft. 1955 (MCMLV) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar. ... 1961 (MCMLXI) was a common year starting on Sunday (the link is to a full 1961 calendar). ... For the Stargate SG-1 episode, see 1969 (Stargate SG-1). ... Year 1980 (MCMLXXX) was a leap year starting on Tuesday (link displays the 1980 Gregorian calendar). ...

Work on the remainder of the articles proceeded slowly throughout the 1980s and early 1990s. Willem Riphagen of the Netherlands, who served as special rapporteur to 1986, stressed that particular primary rules may specify the consequences of their breach - an idea conveyed by the articles through the recognition of lex specialis. Gaetano Arangio-Ruiz, special rapporteur from 1988, helped clarify the consequences of breaches of international obligations. Over the next eight years, the ILC completed its first reading of parts 2 and 3. This article cites very few or no references or sources. ... For the band, see 1990s (band). ... 1986 (MCMLXXXVI) was a common year starting on Wednesday of the Gregorian calendar. ... 1988 (MCMLXXXVIII) was a leap year starting on Friday of the Gregorian calendar. ...

In 1995, the United Nations General Assembly adopted a resolution in effect pressing the Commission to make progress on the state responsibility articles and other long-pending projects.^[7] James Crawford of Australia, appointed as special rapporteur in 1996, approached the task pragmatically. The ILC moved rapidly through a second reading of the draft articles, adopting what it could agree on and jettisoning the rest, most notable of which was Article 19 on state crimes and the section on dispute settlement. Year 1995 (MCMXCV) was a common year starting on Sunday (link will display full 1995 Gregorian calendar). ... The United Nations General Assembly (GA) is one of the five principal organs of the United Nations. ... 1996 (MCMXCVI) was a leap year starting on Monday of the Gregorian calendar, and was designated the International Year for the Eradication of Poverty. ... In criminology, state crime is activity or failures to act that break the states own criminal law or public international law. ...

Draft Articles

The final text of the Draft Articles was adopted by the ILC in August 2001, bringing to completion one of the Commission's longest running and most controversial studies. On 12 December 2001, the United Nations General Assembly adopted Resolution 56/83, which "commended [the articles] to the attention of Governments without prejudice to the question of their future adoption or other appropriate action."^[8] 2001 : January - February - March - April - May - June - July - August - September - October - November - December Deaths: August 25 - Aaliyah Films: August 10 - Osmosis Jones played by Chris Rock, starring Bill Murray August 24 - Bubble Boy Categories: 2001 by month ... December 12 is the 346th day (347th in leap years) of the year in the Gregorian calendar, with 19 days remaining. ... Year 2001 (MMI) was a common year starting on Monday of the Gregorian calendar. ... The United Nations General Assembly (GA) is one of the five principal organs of the United Nations. ...

Crawford notes that the rules are "rigorously general in character,"^[9] encompassing all types of international obligations.

Internationally wrongful acts

According to the Draft Articles, an internationally wrongful act must:

• be attributable to the state under international law; and
• constitute a breach of an international obligation of the state.^[10]

"Breach of an international obligation" is defined as "an act ... not in conformity with what is required ... by that obligation."^[11] Furthermore, the state cannot avoid responsibility by declaring something legal under its own domestic law.^[12] Municipal law is an international law term used to denote the national, domestic, or internal law of a state. ...

Some older cases and commentaries discuss whether state responsibility is based on notions of fault or strict liability. It may be said that states are more "strictly liable" for the actions of their officials than for the actions of private individuals. In the latter case, it may be necessary to prove some "failure to control" the private individuals (i.e. "fault") before the state itself is held responsible. The articles leave it to the primary rules of obligation to determine whether the wrongfulness of an act depends on fault, intention, lack of diligence, or the like. There are various types of faults: In document ISO/CD 10303-226, a fault is defined as an abnormal condition or defect at the component, equipment, or sub-system level which may lead to a failure. ... Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. ...

Attribution

Before a state can be held responsible for any action, it is necessary to prove a causal connection between the injury and an official act or omission attributable to the state alleged to be in breach of its obligations. This has become an increasingly significant contemporary issue, as non-state actors such as Al Qaeda, multinational corporations, and non-governmental organisations play greater international roles, and as governments privatise some traditional functions. Al-Qaeda (also al-Qaida or al-Qaida) (Arabic: ‎ , translation: The Base) is an international alliance of militant jihadist organizations established by Osama bin Laden and others around the time of the Soviet withdrawal from Afghanistan in 1989. ... A multinational corporation (MNC) is a corporation or enterprise that manages production establishments or delivers services in at least two countries. ... A non-governmental organization (NGO) is an organization which is not a part of a government. ... This article does not adequately cite its references or sources. ...

The state is responsible for all actions of its officials and organs, even if the organ or official is formally independent^[13] and even if the organ or official is acting ultra vires.^[14] A state may be held responsible for actions of "private" individuals that are, in fact, controlled by the state.^[15] Where there is a breakdown of normal governmental authority and control, such as in so-called "failed states", the actions of those acting as the "government" in a de facto sense will be acts of the state.^[16] The acts of an "insurrectional or other movement that becomes the new government of an existing state or succeeds in establishing a new state" can also be attributed to the state.^[17] This is also the case where a state acknowledges and adopts the conduct of private persons as its own.^[18] Ultra vires is a Latin phrase that literally means beyond the power. ... Failed state is a controversial term intended to mean a weak state in which the central government has little practical control over much of its territory. ... De facto is a Latin expression that means in fact or in practice. It is commonly used as opposed to de jure (meaning by law) when referring to matters of law or governance or technique (such as standards), that are found in the common experience as created or developed without...

Despite their apparent concreteness, the standards stated in some rules involve important ambiguities, and their application will often require significant fact-finding and judgment. Most rules state responsibility involving private acts already arise under primary rules. For example, environmental and human rights agreements require states to prevent abuses by private parties.

Defences

If the general elements to establish state responsibility are established, the question arises as to whether any defences may be available to the respondent state. In most litigation under the common law adversarial system the defendant, perhaps with the assistance of counsel, may allege or present defenses (or defences) in order to avoid liability, civil or criminal. ...

Consequences of breach

The breach of an international obligation entails two types of legal consequences. Firstly, it creates new obligations for the breaching state, principally, duties of cessation and non-repetition (Article 30), and a duty to make full reparation (Article 31). Article 33(1) characterises these secondary obligations as being owed to other states or to the international community as a whole. Articles indirectly acknowledges in a savings clause also that states may owe secondary obligations to non-state actors such as individuals or international organisations. It has been suggested that World community be merged into this article or section. ...

Second, the articles create new rights for injured states, principally, the right to invoke responsibility (Articles 42 and 48) and a limited right to take countermeasures (Articles 49-53). These rights, however, are heavily state-centred and do not deal with how state responsibility is to be implemented if the holder of the right is an individual or an organisation. The principal element of progressive development in this area is Article 48, which provides that certain violations of international obligations can afect the international community as a whole such that state responsibility can be invoked by states on behalf of the larger community. This provision picks up on the ICJ's celebrated suggestion in Barcelona Traction that some obligations are owed erga omnes, toward the international community as a whole.^[19] Barcelona Traction was a corporation that controlled light and power utilities in Spain and was incorporated in Canada in 1915 by Frederick Stark Pearson. ... This article needs to be cleaned up to conform to a higher standard of quality. ...

Reparations

If illegal actions are continuing, the state has a duty to cease.^[20] The state also has duties to make reparation, which could involve restitution, compensation, or satisfaction. Remedies will be dependent on the particular forum, such as the United Nations, International Court of Justice, World Trade Organisation, International Tribunal for the Law of the Sea, International Criminal Court. In the philosophy of justice, reparation is the idea that a just sentence ought to compensate the victim of a crime appropriately. ... Restitution is the name given to a form of legal relief in which the plaintiff recovers something from the defendant that belongs, or should belong, to the plaintiff. ... Compensation has several different meanings as indicated below. ... The term satisfaction can refer to: (I Cant Get No) Satisfaction, a Rolling Stones song, which has also been covered by several artists, including: The Residents, released as a single (Satiafaction b/w Loser=Weed) in 1976 and 1978. ... The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ... The International Court of Justice (known colloquially as the World Court or ICJ; French: ) is the primary judicial organ of the United Nations. ... For other uses of the initials WTO, see WTO (disambiguation). ... The International Tribunal for the Law of the Sea (ITLOS) is an intergovernmental organization created by the mandate of the Third United Nations Conference on the Law of the Sea. ... Official logo of the ICC. The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, crime of aggression, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court. ...

Notes

1949 (MCMXLIX) was a common year starting on Saturday (the link is to a full 1949 calendar). ... 1956 (MCMLVI) was a leap year starting on Sunday of the Gregorian calendar. ...

Further reading

• Daniel Bodansky and John R. Crook, "Symposium: The ILC's State Responsibility Articles" (2002) 96 American Journal of International Law 773.[1]
• The ILC's Draft Articles on State Responsibility [2]