PSY 005 Lecture Notes - Lecture 19: European Court Of Human Rights, Erga Omnes, Contract

• School: College of The Sequoias
• Department: Psychology (PSY)
• Course: PSY 005
• Professor: Jibai

Document Summary

State responsibility, dispute settlement, and the use of force. Responsibility: fault or blame attributable to an actor for breach of an international law obligation. State breaches a treaty, and its responsibility is invoked. Primary: rules that grant rights and impose obligations. Secondary: rules about rules, about consequences of a breach of primary rules. Rules are found on the ilc"s articles on the responsibility of states for internationally. It is not a treaty, thus it does not apply like a treaty. The logic and structure of arsiwa: starting point: establish whether there is an international wrongful act. Attribution of the conduct to the state (not wrongfulness, but the conduct. Necessity, self-defense, force majoure: content and consequences: reparation, breach of ius cogens. Cessation, compensation: invocation: rules on standing (who can invoke responsibility) Injured states, erga omnes: countermeasures (enforcement of responsibility) When can a state react, how, for how long, etc.