INTBUS 6 Lecture Notes - Lecture 5: September 11 Attacks, Advisory Opinion, Peremptory Norm
26 Sep 2020
School
Department
Course
Professor
Document Summary
Slovakia) icj par 47: arsiwa generally reflects international customary law. 1. 2 the core principles and elements of state responsibility: the fundamental principle of state responsibility is reflected in art. 12 arsiwa there is a breach of an international obligation when the act of that state is not in conformity with that is required by that obligation, regardless of its origin or character. Thus, a state cannot justify a breach of its international legal obligations by invoking national laws and it must comply with international laws even if that means breaking national laws. In some rare circumstances a state may be internationally responsible for wrongful acts of another state. (collaborative responsibility) 1. 3. 2 attribution for acts performed by the state and its organs: art. 4 arsiwa all conduct of state organs is considered an act of the state regardless of whether the organ in question exercises legislative, judicial or executive power or any other function.
