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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.
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 ...
Act of state doctrine, act of a sovereign state; State occasion; Exercise of the royal prerogative was formerly called an "act of state" State action, doctrine that only state actions are subject to regulation under the US Constitution; State action immunity doctrine, exemption from liability for engaging in antitrust violations
By a vote of 14 to 1, the court found that Italy was obliged, by a means of its own choosing, to render void the decisions of its courts infringing the state immunity due to Germany. [23] Dissenting Judge Bennouna said there was a difference between state immunity and state responsibility. Granting immunity does not exonerate one from ...
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 State Immunity Act 1978 (c. 33) is an act of the Parliament of the United Kingdom which was passed to implement the European Convention on State Immunity of 1972 into British law. The doctrine of absolute state immunity was changed to one of restricted immunity, whereby a foreign state could be sued in the British courts for some certain ...
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 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.