State responsibility - General issues of state responsibility

Question

What are the two senses of 'state responsibility'?

Answer 1

First to denote the procedural rules which apply to the establishment of responsibility for a violation of any and every international obligation. Second, to denote the procedural and substantive rules relating to the particular case of responsibility for injury to foreign nationals ('aliens')

Answer 2

four parts; general principles, Internaional Responsibility of a state, how injured stats may invoke state responsibility, loose ends

Answer 3

It occurs when a state violates an international obligation owed to another state or when a state ill-treats the nationals of another state or acts contrary to a legally binding decision of a competent international organisation, such as the Security Council.

Answer 4

an unlawful act which is imputable to the state.

Answer 5

The 'objective' or 'risk' theory of responsibility supposes that once a breach of obligation is established, the state bears all the risk irrespective of any fault. The 'subjective' or 'fault' theory denies that responsibility arises even if there is conduct in violation of a binding obligation, unless the state is in some way subjectively to blame.

Answer 6

At the moment, the objective theory is, on the grounds that any other approach might provide yet another loophole in an already imperfect system of international justice.

Answer 7

Any act or omission of an organ of a state, 'shall be considered an act of that State under international law, whether the organ exercises legislative, executive, judicial or any other functions, whatever position it holds in the organization of the State and whatever its character as an organ of the central government or of a territorial unit of the State' and this 'includes ... any person or entity which has that status in accordance with the international law of the State'.

Answer 8

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.

Answer 9

First, because there was no evidence to suggest that any agents of the revolutionary authorities had actually caused the expulsion of Short from Iran. And second, on the ground that the new revolutionary government was not actually in control of Iran when Short's expulsion took place.