ECON 1 Lecture Notes - Lecture 18: International Law Commission, Force Majeure, Nottebohm Case
Document Summary
State responsibility: part two is concerned with the content of the international. Il: it can arise from either an act or an omission, so long as this causes a breach of an international obligation (as confirmed by draft art. 2), which was binding on the state at the time of the act or omission (draft art. It is a matter of debate whether state responsibility is a matter of objective" or. 4: army, police, judiciary , the simple fact that the organ exceeded its powers is not enough to excuse the state from responsibility, as long as the organ acted on behalf of the state. 5: attribution to the state will arise if the group etc. is acting on the instruction of, or under the control of, the state (draft art. In this regard the icj pointed out that it was necessary to show that the individuals were under effective control of the state or acting on its instructions.
