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The topic of state responsibility was one of the first 14 areas provisionally selected for the ILC's attention in 1949. [7] When the ILC listed the topic for codification in 1953, "state responsibility" was distinguished from a separate topic on the "treatment of aliens", reflecting the growing view that state responsibility encompasses the breach of an international obligation.
A state's sovereignty is also under question. Sovereignty is dependent upon the state's responsibility to its people; if not fulfilled, then the contract between the government and its citizen is void, and thus the sovereignty is not legitimate. In that crucible lies the genesis of the responsibility to protect doctrine. [2]
At the 2005 World Summit, the world's nations agreed on a "Responsibility to Protect", allowing a right for humanitarian intervention. It has been argued that this could create a flexible application of concepts of sovereignty and territorial integrity, easing the strict adherence and taking into account the de facto status of the territory and ...
The Westphalian system, also known as Westphalian sovereignty, is a principle in international law that each state has exclusive sovereignty over its territory.The principle developed in Europe after the Peace of Westphalia in 1648, based on the state theory of Jean Bodin and the natural law teachings of Hugo Grotius.
Contingent sovereignty refers to the new and still evolving theory which challenges the norm of non-intervention in the internal affairs of countries, commonly associated with the Westphalian doctrine of sovereignty. In 2007, Stewart Patrick of the United States State Department described the contingent sovereignty as follows. [1]
The act of state doctrine entered into American jurisprudence in the case Underhill v.Hernandez, 168 U.S. 250 (1897). [5] In an 1892 revolution, General José Manuel "Mocho" Hernández expelled the existing Venezuelan government and took control of Ciudad Bolívar, where plaintiff Underhill lived and ran a waterworks system for the city.
Command responsibility: the war criminals of the world are tried, judged, and sentenced by the International Criminal Court at The Hague, Netherlands.. In the practice of international law, command responsibility (also superior responsibility) is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) are legally ...
The Rainbow Warrior case bolsters the notion that there is a doctrine of non-intervention in international law and that states will be punished for contravening it. It is also an interesting study of state responsibility, individual responsibility, use of force and reparations.