Lecture 10.1 State responsibility Refers to the liability of one state to another for non observance of the obligations imposed by international legal system. Injuries vary- breach of a treaty, injury to defendant state’s nationals or their property. All states have equal responsibility under international law for their illegal acts.

10.2 A state can not plead lack of capacity and new states do not enjoy a period of grace. A state can not relieve of its responsibility by either invoking or omissions of its domestic law. A federal government can not exonerate itself to acts of an individual member state.

10.3 Liability may be civil or criminal. Civil-international delict- a simple wrongful act which is not an international crime. Criminal-an international wrongful act which is essential for the protection of fundamental interests of international community and that its breach is recognized as a crime by that community.

10.4 International crime arises out of: Breach of international peace and security Not safeguarding the right to self determination of peoples Failure to observe prohibition of slavery, genocide and apartheid. Safeguarding the preservation of the human environment-massive pollution of atmosphere or sea.

10.5 A state is only responsible for acts or omissions which can be attributed to its own. A state is responsible foe actions of government, political division of state, organ, agency official employee of agent of its government or of sub division acting within the scope of their employment. A state is not responsible for acts committed by their nationals in his private capacity against a foreigner. And is subject to prosecution in the domestic courts. But may be held responsible if it fails to prosecute and punish the individual.

10.6 An individual however can be liable for certain crimes under international law. (international criminals). A state can not deny responsibility for an international wrong on the grounds that the act is, under its domestic law. Read southern pacific properties middle east ltd vs Arab republic of Egypt Youmans Claim 1926.

10.7 A state is responsible for the acts of all its officials irrespective of its rank (Rainbow Warrior case 1987). A state is not held responsible for insurrectionary but should they succeed they will become liable for their acts. For breaking the rules the consequences range:

10.8 Diplomatic negotiation may produce an apology or an assurance. If there is material loss reparation ma be called for. And are designed to restore previous conditions or compensate for an injury. Compensation is a matter of negotiations and there is no fixed amount to be paid. Liability arises from- treaty breach, violation of territorial integrity, injures diplomatic representatives, mistreats its national

10.9 If individual is injured he can not force a state to expouse claim nor an individual can stop a state from representing one ‘s case. A state can choose to or not to take up a case. A state representing an individual is a state protecting one of its interest which must be respected that its national be treated in a particular manner.

10.10 Standard treatment must be observed. But no state is forced to admit foreign nationals. They are subject to control, once admitted aliens are supposed to be treated well otherwise breach arises. Aliens are assured of certain rights- right of equality within judicial process, protection from inhuman treatment. Aliens are required to observe the law. There are international minimum standard – simply failing of civilized behaviour (that every reasonable and impartial man would readily recognize its insufficiency.

10.11 Although international law is against the arbitrary and unjustified expulsion of aliens a state enjoy discretion to deport aliens if such aliens is a threat to public interest. If expelled the state of nationality is supposed to take them unless they indicate that they are going somewhere.

10.12 International law does not force states to take refugees, but the 1967 protocol on the status of refugees indicates that no refugee can be expelled to the territory where his life or freedom will be questioned. Expropriation of property- shall be undertaken on the grounds of public utility, security of the national interest which are recognized as overriding purely individual or private interests, both domestic or foreign.

10.13 Thus expropriation maybe valid for public purpose and appropriate compensation aught to be paid. What public purpose (Certain German Interest in Polish Upper Silesia Case 1929) Amoco International Financial corp vs Iran). Nationalization which discriminates against foreigners is contrary to international law.

10.14 Compensation for appropriation aught to be paid It must be prompt, adequate and effective Traditionally – equivalent of property taken. Deferred payment is only allowed if amount to be paid is fixed and allowance of interest provided for.

10.15 It is an established rule of international law that before diplomatic protection is afforded local remedies must be exhausted. The exhaustion of local remedies is not required when the alleged wrong is a direct injury by one state against the other. Responsibility also extends to the environment (international environmental law).