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The laws of state responsibility are the principles governing when and how a state is held responsible for a breach of an international obligation.Rather than set forth any particular obligations, the rules of state responsibility determine, in general, when an obligation has been breached and the legal consequences of that violation.
Consequently, any state has the right to invoke state responsibility [1] in order to hold the responsible state legally liable and required to pay reparations. Erga omnes obligations attach when there is a serious breach of peremptory norms of international law like those against piracy, genocide and wars of aggression.
One definition of international organisations comes from the ILC's 2011 Draft Articles on the Responsibility of International Organizations which in Article 2(a) states that it is "an organization established by treaty or other instrument governed by international law and possessing its own international legal personality". [125]
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]
Role Of the International Law Commission in the Development of International Law- Focus on State Responsibility J. Benton Heath, "Disasters, Relief, and Neglect: The Duty to Accept Humanitarian Assistance and the Work of the International Law Commission" New York University Journal of International Law & Politics , vol. 43 (2011) pp. 419-477
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 ...
The Responsibility to Protect and International Law. Martinus Nijhoff Publishers. Deng, Francis, Rothchild, Donald, et al. "Sovereignty as Responsibility Conflict Management in Africa". (Washington DC: Brookings Institution Press, September 1996). c. 290pp. Doyle, Michael W (2011). "International Ethics and the Responsibility to Protect".
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.