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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.
Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts.
The Rainbow Warrior Case was a dispute between New Zealand and France that arose in the aftermath of the sinking of the Rainbow Warrior.It was arbitrated by UN Secretary-General Javier Pérez de Cuéllar in 1986, and became significant in the subject of public international law for its implications on state responsibility.
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.
The doctrine showed a major commitment and a new resolve for the United States in securing stability in the Middle East and their influence in international affairs, thus Eisenhower raised the prospects of the U.S. fighting in the Middle East and taking responsibility over it for decades to come. [13] The Johnson Doctrine: Latin America