(国际法教材）Chapter 6 State Responsibility.pptxVIP

1 Chapter 6 State Responsibility 1 Introduction 2 Fault 3 Imputability 4 International crimes 5 Diplomatic protection 6 Circumstances precluding wrongfulness 2 1 Introduction 1.1 definition of state responsibility Primary rules(初级规则）: rules which specify prohibited and permitted types of conduct Secondary rules（二级规则）: rules which specify particular legal consequences for any breach of an obligation State responsibility belongs to the secondary rules. Every int’lly wrongful act of a State entails the int’l responsibility of that State.(Art.1) The term “int’l responsibility” covers the new legal relations which arise under int’l law by reason of the int’lly wrongful act of a state. 3 UN Draft Articles on State Responsibility 1986 (《国家责任条文草案》） UN Draft Articles on the Responsibility of States for Internationally Wrongful Acts 2001 （《国家对国际不法行为的责任条文草案》） The fact that an obligation under international law is inconsistent with domestic law is not a defence to an alleged breach of an international legal obligation. The law of state responsibility started from states’ obligation on the standards of treatment to nationals of other states. The law of state responsibility is customary and residual. 4 1.2 Responsibility liability Responsibility will only arise where there has been a breach of international legal obligations; Liability may arise even where there has been no breach of international law. 《关于国际法不加禁止的行为所造成的损害性后果的国际责任的条款草案》 核材料的利用、航天航空活动、远洋石油运输、跨界河流的开发利用等等对他国国民的人身、财产以及环境所造成的损害 。 5 1 Introduction 1.3 Elements of an int’lly wrongful act Draft articles 2001, Art. 2 : There is an internationally wrongful act of a State when conduct consisting of an action or omission: (a) Is attributable to the State under international law; and (b) Constitutes a breach of an international obligation of the State. The obligation may derives from a treaty, custom, a judgment of ICJ, or the unilateral behavior of a state.