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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.
It is a seminal case in the realm of international human rights law that is known for its analysis of state responsibility for enforced disappearances. [2] Its reasoning has influenced other international human rights tribunals, including the African Commission on Human and Peoples' Rights [3] and the European Court of Human Rights. [2]
Article 16 states that newly independent states receive a "clean slate", such that the new state does not inherit the treaty obligations of the colonial power, whereas article 34(1) states that all other new states remain bound by the treaty obligations of the state from which they separated.
Archived from the original (PDF) on Jul 28, 2011. Kyoji Kawasaki, "The "Injured State" in the International Law of State Responsibility" Hitotsubashi Journal of Law and Politics, vol. 28 (2002) pp. 17-31; Role Of the International Law Commission in the Development of International Law- Focus on State Responsibility
Countermeasure in public international law refers to reprisals [a] not involving the use of force. In other words, it refers to non-violent acts which are illegal in themselves, but become legal when executed by one state in response to the commission of an earlier internationally wrongful act by another state in order to induce that state to comply with its legal obligations.
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]
The Corfu Channel case (French: Affaire du Détroit de Corfou) was the first public international law case heard before the International Court of Justice (ICJ) between 1947 and 1949, concerning state responsibility for damages at sea, as well as the doctrine of innocent passage.
Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. [2] It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general ...