Professional Documents
Culture Documents
State Responsibility
State Responsibility
State Responsibility
Nature of SR
Arises from breach by a State of an international obligation (i.e. Customary IL or treaty obligation)
The law of responsibility establishes
Conditions for an act to qualify as internationally wrongful
Circumstances where actions of officials, private individuals or other entities may be attributed to
the State
General defences to liability
Consequences of liability
After adoption of Draft Articles on the Responsibility of States for Internationally Wrongful Acts (Draft
Articles), established further the theory of SR
Under DA, internationally wrongful act must
Be attributable to the state under IL
Constitute a breach of an international obligation of the state
A state cannot declare something legal under its domestic law to avoid responsibilities
States are strictly liable for actions of their officials than private persons
To hold state responsible for acts of private persons, “failure to control” private person
must be established
Standard of care