Skip to main content

State responsibility

 State responsibility in International Law


Introduction


When one state commits an international unjust conduct against another, it incurs state responsibility. For example, dictatorial non-intervention is prohibited under Article 2(4) of the UN Charter, which states that every State has a legal commitment not to use or threaten to use force against others. Non-intervention, on the other hand, is not limited to the avoidance of the use of force. Any type of forceful interference in a state's internal affairs would bring the state responsibility. As Oppenheim’s international law puts it, “the interference must be forcible or dictatorial, or otherwise coercive, in effect depriving the State intervened against of control over the matter in question. Interference pure and simple is not intervention”.


Nicaragua v. United States


A landmark case in this regard is Nicaragua v. United States; the case concerning military and paramilitary activities in and around Nicaragua. It involved the United States supporting rebellion groups against the Nicaraguan government. The Court found in its verdict that the United States was “in breach of its obligations under customary international law not to use force against another State” and “not to intervene in its affairs”.


United Kingdom v. Albania (The Corfu Channel Case)

A few British warships were seriously damaged by mine explosions on October 22, 1946, while travelling through the North Corfu strait within Albanian territorial waters. The majority of the crew members were murdered or seriously injured. Mines have previously been removed from Albanian waterways. Albania was charged by the United Kingdom in an application submitted on May 22, 1947, of laying or allowing a third state to plant mines after mine-clearing operations by Allied naval authority. The Court found that Albania was responsible under international law for the explosions that had taken place in Albanian waters and for the damage and loss of life which had ensued. Although it did not accept the view that Albania had itself laid the mines or granted permission to another entity, it held that the mines could not have been laid without the knowledge of the Albanian Government. Therefore, it was concluded that the Albanian government had authorized the laying of mines, and therefore was ordered to make reparation to the United Kingdom.


Basic and Nature of State Responsibility


There are three elements that are used to determine a state's responsibility. To begin, the State must have a legal obligation not to commit the conduct. Second, the act must be carried out by the state. Finally, the conduct must produce harm to another entity (loss or damage). If these conditions are met, the state is obligated to compensate the harmed parties.

A State, on the other hand, is only held accountable for the wrongdoings that constitute international delicts. It is unclear who is responsible for international crimes. The International Law Commission (ILC) distinguished between international delicts and international crimes in its 1996 draught on state liability. The issue of state liability in cases of international crimes has sparked considerable debate. While some argue that States' criminal liability has little legal value, others argue that States' attitudes toward international crimes have shifted dramatically since 1945, and that States could be held liable for such crimes. Apartheid, genocide, enslavement, colonial dominance, violence, and vast pollution of the atmosphere are examples of international crimes.


Conclusion

If a State breaches a treaty, and the breach causes injury to the other parties, it shall be bound to make good the losses. Reparation is the indispensable complement of a failure of a State to apply any of its obligations. If restitutio ad integrum is not possible, the accused party shall be liable to make compensation.
Labels:

Comments

Post a Comment

Popular posts from this blog

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur ...
1 comment
Read more

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more