第五章国家责任.pptVIP

国际法;第一节 概述;The treament of aliens;Secondary rules;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 prohibiting the establishment or maintenance by force of colonial domination; (c) a serious breach on a widespread scale of an international obligation of essential importance for safeguarding the human being, such as those prohibiting slavery, genocide and apartheid; ;(d) a serious breach of an international obligation of essential importance for the safeguarding and preservation of the human environment, such as those prohibiting massive pollution of the atmosphere or of the seas. 4. Any internationally wrongful act which is not an international crime in accordance with paragraph 2 constitutes an international delict. ;;Erga omnes;Article 53 treaties conflicting with a peremptory norm of general international law(“jus cogens”);Chapter III Serious breaches of obligations under peremptory norms of general international law ;The typology of State responsibility ;;第二节 国家责任的构成要件; There is an international