E-: State Responsibility
6 important questions on E-: State Responsibility
Which distinction can be made in the types of acts for which the state of Iran can be held responsible?
- For the omission: the state should have protected the embassy
- For the action: the approval of the acts of the students by acknowledging and adopting as own
What is the effective control test and in which case did the ICJ provide this test?
What are the three legal consequences of an Internationally wrongful act?
- Continued duty to perform
- Cessation and Non-repetition
- Reparation
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Who invokes SR when there is an internationally wrongful act?
When may a state take countermeasures against a state who is responsible for an internationally wrongful act?
Which two countermeasures can a state so that the wrongful state in question hopefully complies with its international obligations?
- Retorsion: unfriendly act which does not involve a breach of an international obligation. Examples are: breaking diplomatic ties; and withdrawing development aid.
- Reprisals: A reprisal is, in principle, an unlawful act. The unlawfulness of the act is precluded or removed by the unlawful act of the other state that preceded the reprisal.
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