E-: State Responsibility

6 important questions on E-: State Responsibility

Which distinction can be made in the types of acts for which the state of Iran can be held responsible?

  1. For the omission: the state should have protected the embassy
  2. For the action: the approval of the acts of the students by acknowledging and adopting as own

What is the effective control test and in which case did the ICJ provide this test?

If the act would otherwise not have been performed by a group. Art. 8 ASR - Nicaragua case

What are the three legal consequences of an Internationally wrongful act?

  1. Continued duty to perform
  2. Cessation and Non-repetition
  3. Reparation
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Who invokes SR when there is an internationally wrongful act?

The state invoking SR has been directly injured by the Internationally wrongful act. However, in case of obligations erga omnes, the state invoking responsibility of another state does not have to been directly injured by the internationally wrongful act.

When may a state take countermeasures against a state who is responsible for an internationally wrongful act?

When the wrongful state fails to fulfil its obligations like performing the obligation breached, ending the unlawful act and/or making reparation in the form of restitution, compensation and satisfaction.

Which two countermeasures can a state so that the wrongful state in question hopefully complies with its international obligations?

  1. Retorsion: unfriendly act which does not involve a breach of an international obligation. Examples are: breaking diplomatic ties; and withdrawing development aid.
  2. Reprisals: A reprisal is, in principle, an unlawful act. The unlawfulness of the act is precluded or removed by the unlawful act of the other state that preceded the reprisal.

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