Personality and responsibility Tomasz Dąbrowski

WHO IS A SUBJECT OF INTERNATIONAL LAW? A subject of international is (1) an individual, body or entity; (2) recognized or accepted; (3)  as being capable of possessing and exercising; (4) rights and duties; (5) under international law. (Dixon) WHO IS  A SUBJECT OF INTERNATIONAL LAW?

Legal personality also includes the capacity to enforce one’s own rights and to compel other subjects to perform their duties under international law.

(1) bring claims before international and national courts and tribunals to enforce their rights, for example, the International Court of Justice. (2) have the ability or power to come into agreements that are binding under international law, for example, treaties: (3) enjoy immunity from the jurisdiction of foreign courts; for example, immunity for acts of State. (4) be subject to obligations under international law (Dixon). The capacity

Elements of responsibility breach of international law (obligation) assigning action to the state (Proximate cause - event sufficiently related) indirect / direct damage Elements of responsibility

Draft Articles on the Responsibility of States for Internationally Wrongful Acts (International Law Commission)

Conditions excluding responsibility Counter-measure Force majeure Necessity Distress Conditions excluding responsibility

Harm ≠ damage Acts not prohibited by international law Liability

United Nations Convention on Jurisdictional Immunities of States and Their Property European Convention on State Immunity Immunity of the state

On the basis of the additional protocol to the agreement between Poland and Russia on the construction of a gas pipeline system for the transit of Russian gas through the territory of the Republic of Poland and supplies of gas to the Republic of Poland (agreement of 1993) Russia committed to deliver 7300 million cubic meters of gas to Poland in 2009. In February 2009, Russia decided to limit gas transmission to Belarus and Ukraine (transit countries), claiming that they are taking gas in a manner inconsistent with the treaties. As a consequence, Russia did not fulfill its obligation to Poland (regarding 2009). Are there any circumstances in the present case that exclude Russia's international responsibility to Poland due to non-compliance with the protocol to the agreement?

X. was a Mexican citizen, suspected of murder (in Mexico) of the American agent Drug Enforcement Administration (DEA). The US led fruitless negotiations with the Mexican authorities on how to conduct the investigation of the crime, but they did not apply an extradition. Eventually, the US federal officials, taking into account the higher good, hired a retired Mexican policeman who kidnapped X in Mexico and he delivered him to the US. The kidnap took place without the knowledge and consent of the owner Mexican authorities . Did DEA act in accordance with the law, climing circumstances excluding liability? Can the US be responsible for violation of prohibition of prosecuting persons on the territory of another state without the consent of the latter?