CREDITS 2 (LV) 3 (ECTS) - 30 Contact Hours
This course explores the origins and content of State responsibility law as a set of secondary rules. It examines the main elements of State responsibility law as articulated in customary international law and codified in the International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts. In practice, they are used as guiding principles to invoke responsibility of another State for an internationally wrongful act before a forum that has jurisdiction to decide the dispute in question.
The International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts adopted by the UN General Assembly will serve as guidance throughout the course. The course will start with the discussion of the main two elements in order to establish State responsibility – attribution of a conduct to a State and breach of an international obligation. The course will largely refer to the case-law of the International Court of Justice, as well as its predecessor, the Permanent Court of International Justice, and other international tribunals.
The course then turns to “circumstances precluding wrongfulness” of an act that is internationally wrongful. Here customary international State responsibility law rules and their evolution come into focus. After determination of an internationally wrongful act the various forms of reparation will be discussed.
- Teacher: Tjaco Theo van den Hout