5第五章国家责任.pptVIP

国际法 第五章 国家责任 State Responsibility 第一节 概述 一、国家责任的性质 二、国家责任理论的发展和演变 The treatment of aliens Primary and secondary rules Crimes ＆ Delicts International wrongful act Serious breaches of obligations to the international community as a whole 三、国际法委员会的编纂工作 2001年《国家对国际不法行为的责任条款草案》 The treament of aliens The minimum international standard The calvo clause Legal principle, applicable in international disputes, that aliens have no more rights than the citizens of a sovereign state. Therefore, such disputes lie within the purview of the domestic laws and only the courts in the host country have the jurisdiction to hear the case. This doctrine is an integral part of many national constitutions and treaties (specially in Latin America) and forms the basis of Calvo clause. Named after the Argentine diplomat and historian Carlos Calvo (1824-1906) who propounded it in his 1868 book Derecho internacional teórico y práctico de Europa y América. See also Monroe doctrine. Article 19 (the first reading in 1996) International crimes and international delicts 1. An act of a State which constitutes a breach of an international obligation is an internationally wrongful act, regardless of the subject-matter of the obligation breached. 2. An internationally wrongful act which results from the breach by a State of an international obligation so essential for the protection of fundamental interests of the international community that its breach is recognized as a crime by the community as a whole constitutes an international crime. 3. Subject to paragraph 2, and on the basis of the rules of international law in force, an international crime may result, inter alia, from: (a) a serious breach of an international obligation of essential importance for the maintenance of international peace and security, such as that prohibiting aggression; (b) a serious breach of an international obligation of essential importance for safeguarding the right of self-determination of peoples, such as that