State responsibility - General issues of state responsibility
12 important questions on State responsibility - General issues of state responsibility
What are the two senses of 'state responsibility'?
The Draft Articles on the Responsibility of States for Internationally Wrongful Acts consists of...
When does state responsibility occur? (3)
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State responsibility comprises two elements:
Does responsibility arise simply because the state has committed an act or omission which violates one of its obligations, or does responsibility only arise if there's some element of blameworthiness in the conduct of the state?
Which 'responsibility theory' is most widely applied and why?
What is the general rule regarding 'act of state'?
When can activities be attributable to the state? (3)
First: when acts are empowered by local law to act on behalf of the state and are so doing.
Secondly: when a group is acting on the instructions of, or under control of the state.
Thirdly: if in the absence of official authorities, private individuals actually exercise governmental authority in circumstances that justified the exercise of such authority.
Why did the Tribunal conclude that the new Iranian government was not internationally responsible for the acts of the revolutionaries who had helped to establish it? (2)
Why is the opinion of the Tribunal of the 'Short case' noteworthy?
Which kinds of reparation are there? (4)
- apology
- restitution of the property unlawfully taken
- restitution in kind (or any combination thereof)
- monetary compensation for the injury suffered
Which kinds of 'legal consequences' of responsibility are there?
- the obligation to make reparation
- countermeasures that are proportional with any injury suffered
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