state responsibility IN INTERNATIOAL LAW.pptx

STATE RESPONSIBILITY

1. INTERNATIONAL LAW ( TA4D )

2. STATE RESPONSIBILITY Meaning : ARTICLE 1 of the Draft Articles drafted by International Law Commission states that “ Every International wrongful act of a State makes such a State responsible for such International wrongful act”. This applies to all long established and newly independent States.

3. ARTICLE 3 of the HAGUE CONVENTION of 1907 stipulates that ‘a belligerent party which violates the provisions of the convention is liable to pay compensation for all acts committed by it’s armed forces’. International delinquencies means responsibility of a State for wrongs committed by it’s officials or private citizen in International Law.

4. International wrongs may be committed by State The Officials of the State Diplomatic envoys Armed forces Judiciary Private citizens of the State

5. Other wrongs that accounts to the State : Wrongs committed by Diplomatic envoys. Wrongs committed by Armed forces. Wrongs committed by Judiciary. Wrongs committed by private citizens.

6. Conditions for a wrong to become International delinquency and to make the State liable for it : They must not be local or municipal wrongs. (If they are Municipal wrongs, there are remedies under the Municipal Law of the State). If it is not a local wrong , but an International wrong and in the absence of local remedy, remedy under International Law is sought.

7. Wrongs committed by State : The State must have violated a principle of International Law. Such violation must make the State liable under the International law. Once it is an International wrong , such wrong is a wrong under municipal law is not relevant.

8. Wrongs committed by the Officials of the State : The officials must have acted under State’s authority. Such act must be a wrong in International Law. International Law must make the State liable for such wrong. Exceeding the official authority is irrelevant.

9. DOCTRINE OF IMPUTABILITY When one State performs an internationally unlawful act against another, it incurs state responsibility. Article 2(4) of the UN Charter, for example, bans authoritarian non-intervention by saying that every State is legally obligated not to use or threaten to use force against others.

10. Types of Theories adopted by Jurists to legalize State Responsibility : Risk Theory : The 'risk' theory says that a State is strictly liable if a State official or organ commits a wrongful act. Fault Theory : T he ‘fault’ theory takes the element of ‘intention’ into account and says that a State shall be responsible only if the act is committed intentionally or negligently. 

11. 1. Direct responsibility : The Government, which includes the Executive the Legislature the Judiciary and the Central Authorities and Local Authorities are those who represents the State. Therefore, in the event of any of these organs committing a breach of international law, the State shall be held directly liable.

12. 2. Indirect responsibility : A State may also be held liable for the actions of third parties if such actions were approved by it. This norm is based on the relationship that exists between the State and the individual or people who conduct the unlawful act or omission. Indirect responsibility/vicarious responsibility is a circumstance in which one entity is held accountable for the actions of another entity. This occurs when the latter has been permitted to do the act by the prior.

13. YOUMANS CASE (or) Thomas H. Youmans (U.S.A.) v. United Mexican States A riot arose between American citizens in a Mexico town. The Mayor of that town ordered the State officer to prevent the riot. The officer and the troops fired at the Americans and killed one of them, instead of preventing it. The Court held that Mexico Government was liable for the acts of the troops, though the troops had exceeded the authority given to them.