ILawlecture05（双课国际法课件05）.pptVIP

I State Responsibility Constitution of State Responsibility Imputability The Injured State and Reparation Demur of state responsibility The Treatment of Aliens (omitted) Constitution of State Responsibility Jurisprudence means of responsibility Constitution of State Responsibility State Responsibility is the passive results arise from the state’s breach of international obligations and inaction of its international duty. Codification of ILC for state responsibility (P87) Constitution of State Responsibility types of state responsibility a. conduct consisting of an action or omission which is attributable to the state under international law; and b. that conduct constituting a breach of an international obligation of the state. Constitution of State Responsibility International tort International breach of contract Constitution of State Responsibility Constituents of states responsibility The fact of injury Fault of the performing state Constitution of State Responsibility Constituents of states responsibility The fact of injury the result or the action Constitution of State Responsibility Constituents of states responsibility Fault of the performing state Objective responsibility Subjective responsibility Objective responsibility According to the principle, an objective test should be applied to the acts of a state in order to determine whether the state is responsible for such acts complained. If these acts constitute a breach of international law and cause other states suffering from damages the state is liable for the acts regardless of good or bad faith. Subjective responsibility a distinction was to be made between ‘intentional and negligent conduct on the part of the person concerned before determining whether the state is liable for the wrongs. Only those act of intentional and fatal negligent can constitute state responsibility Imputability State responsibility can only be created by state act. But what kind of action can be regarde