State responsibility: Difference between revisions

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<onlyinclude>Responsibility of States for internationally wrongful acts is a well-established concept in international law, resulting from the general legal principle that each State has a legal personality and can bear legal obligations.<ref>James Crawford, “[http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1093 State Responsibility]”, in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (OUP 2008), paragraph 1.</ref> The law of state responsibility is largely customary; its codification is provided by the Draft Articles on the Responsibility of States for Internationally Wrongful Acts.<ref>Draft Articles on the Responsibility of States for Internationally Wrongful Acts, prepared by the International Law Commission and approved by the General Assembly resolution 56/83 of 12 December 2001.</ref> While some of the Articles are more controversial, they are generally accepted as reflective of customary law.<ref>James Crawford, “[http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1093 State Responsibility]”, in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (OUP 2008), paragraph 65.</ref> The law also applies to cyberspace activities.<ref>Tallinn Manual 2.0, commentary to rule 14, para. 1.</ref>
 
<onlyinclude>Responsibility of States for internationally wrongful acts is a well-established concept in international law, resulting from the general legal principle that each State has a legal personality and can bear legal obligations.<ref>James Crawford, “[http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1093 State Responsibility]”, in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (OUP 2008), paragraph 1.</ref> The law of state responsibility is largely customary; its codification is provided by the Draft Articles on the Responsibility of States for Internationally Wrongful Acts.<ref>Draft Articles on the Responsibility of States for Internationally Wrongful Acts, prepared by the International Law Commission and approved by the General Assembly resolution 56/83 of 12 December 2001.</ref> While some of the Articles are more controversial, they are generally accepted as reflective of customary law.<ref>James Crawford, “[http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1093 State Responsibility]”, in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (OUP 2008), paragraph 65.</ref> The law also applies to cyberspace activities.<ref>Tallinn Manual 2.0, commentary to rule 14, para. 1.</ref>
   
Every internationally wrongful act of a State has two elements: 1) attributability to the State under international law, and 2) breach of an international obligation of the State.<ref>Articles on State Responsibility, Art. 2.</ref>
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Every internationally wrongful act of a State has two elements: 1) attributability to the State under international law, and 2) breach of an international obligation of the State.<ref>Articles on State Responsibility, Art. 2.</ref></onlyinclude>
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== Appendixes ==
 
== Appendixes ==

Revision as of 15:59, 29 August 2018

Definition

Responsibility of States for internationally wrongful acts is a well-established concept in international law, resulting from the general legal principle that each State has a legal personality and can bear legal obligations.[1] The law of state responsibility is largely customary; its codification is provided by the Draft Articles on the Responsibility of States for Internationally Wrongful Acts.[2] While some of the Articles are more controversial, they are generally accepted as reflective of customary law.[3] The law also applies to cyberspace activities.[4]

Every internationally wrongful act of a State has two elements: 1) attributability to the State under international law, and 2) breach of an international obligation of the State.[5]

Appendixes

See also

Notes and references

  1. James Crawford, “State Responsibility”, in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (OUP 2008), paragraph 1.
  2. Draft Articles on the Responsibility of States for Internationally Wrongful Acts, prepared by the International Law Commission and approved by the General Assembly resolution 56/83 of 12 December 2001.
  3. James Crawford, “State Responsibility”, in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (OUP 2008), paragraph 65.
  4. Tallinn Manual 2.0, commentary to rule 14, para. 1.
  5. Articles on State Responsibility, Art. 2.

Bibliography and further reading

  • Etc.

External links

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