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Jurisdiction - State Responsibility

Q: Where does the concept of state responsibility stems of?

The Chorzow Factory Case in the 1920's. This case confirmed that the responsibility of being held responsible was the price states had to pay in order to participate in international law.

Q: Are the rules on state responsibility primary or secondary rules?

They are secondary rules. Primary rules: substantive rules that tell states how to behave Secondary rules: tell us how the primary rules are created, interpreted and enforced.

4 important questions on Jurisdiction - State Responsibility

Where does the concept of state responsibility stems of?

The Chorzow Factory Case in the 1920's.

This case confirmed that the responsibility of being held responsible was the price states had to pay in order to participate in international law.

Who was given the task to draw up a treaty which customary rules where written down?

The International Law Commission (ILC)

The ILC is a body that is established by the UN General Assembly in 1947. It has the authority to initiate studies and make recommendations for the purpose of progressive development of international law and its codification

Are the rules on state responsibility primary or secondary rules?

They are secondary rules.

Primary rules: substantive rules that tell states how to behave
Secondary rules: tell us how the primary rules are created, interpreted and enforced.

Which three cumulative requirements must be considered to determine whether something is a wrongful act?

1. First, There has to be an act or omission
2. Secondly, the act or omission can be attributed to the state;
3. Lastly, the act or omission has to entail a breach of an international obligation

The wrongfulness of acts is determined by international law and not by domestic law. This causes states that they can not hide by their own internal laws.