REGNRSG 105 Lecture Notes - Lecture 17: Force Majeure, Peremptory Norm, Ultra Vires
Document Summary
The laws on responsibility contain rules of so-called secondary nature. Primary rules are those that define the particular obligations that may generate responsibility if they are violated. Secondary rules determine the consequences of violation the primary rules: the core principles and elements of state responsibility. The fundamental principle of state responsibility is reflected in article 1 of the ilc. Every international wrongful act of a state entails the international responsibility of that state" (each state is responsible for its own conduct) Article 2 of the ilc specifies that state responsibility consists of two elements: 1) conduct must be a breach of an international obligation, and, 2) that conduct must be attributable to a state. In practice, there is an additional element: the existence of an international obligation: tehran hostages case. National legal systems generally operate with different forms of liability depending on the primary obligation. In international law, there is no such distinction.
