Riassunto esame International law, Prof. Tanzi Attila, libro consigliato A Concise Introduction to International Law, Tanzi

International Law and Consular Rights

If there is the request, the authorities shall, with no delay, inform the consular post in case of any kind of custody, prison, detention and also inform the person of its rights. Also, another signal of the reduction of international relevance emerges from the 2016 Ministerial Code (provides for the conduct of ministers: the general duty of ministers is to satisfy the law) modifying the 2010 Code (provides for the conduct of ministers: the general duty of ministers is to satisfy the law including brought to a problematic international law).

Consular officers shall have the right to visit the person.

Let's now analyse some cases: Breard v. Greene 1998 relationship between the US and the International Court of Justice that ended with the withdrawal of the US from Russia, the Optional Protocol to the Vienna Convention on Dispute Settlement: Breard, a Paraguayan.

was convicted for murder and rape and had to be executed in 1998. He asked for a stay of the execution and claimed a breach of his right to consular assistance. The supreme court denied his requests according to the fact that the art 36 (saw before) is non-self-executing. The government of Paraguay sued the US and asked to ensure that Mr. was convicted for murder and rape and had to be executed in 1998. He asked for a stay of the execution and claimed a breach of his right to consular assistance. The supreme court denied his requests according to the fact that the art 36 (saw before) is non-self-executing. The government of Paraguay sued the US and asked to ensure that Mr. was convicted for murder and rape and had to be executed in 1998. He asked for a stay of the execution and claimed a breach of his right to consular assistance. The supreme court denied his requests according to the fact that the art 36 (saw before) is non-self-executing. The government of Paraguay sued the US and asked to ensure that Mr. was convicted for murder and rape and had to be executed in 1998. He asked for a stay of the execution and claimed a breach of his right to consular assistance. The supreme court denied his requests according to the fact that the art 36 (saw before) is non-self-executing. The government of Paraguay sued the US and asked to ensure that Mr. was convicted for murder and rape and had to be executed in 1998. He asked for a stay of the execution and claimed a breach of his right to consular assistance. The supreme court denied his requests according to the fact that the art 36 (saw before) is non-self-executing. The government of Paraguay sued the US and asked to ensure that Mr. was convicted for murder and rape and had to be executed in 1998. He asked for a stay of the execution and claimed a breach of his right to consular assistance. The supreme court denied his requests according to the fact that the art 36 (saw before) is non-self-executing. The government of Paraguay sued the US and asked to ensure that Mr. was convicted for murder and rape and had to be executed in 1998. He asked for a stay of the execution and claimed a breach of his right to consular assistance. The supreme court denied his requests according to the fact that the art 36 (saw before) is non-self-executing. The government of Paraguay sued the US and asked to ensure that Mr.

Breaching international law and its consequences

Introduction

Even though international law is almost always silently applied, it is not infrequent to have breaches of international law. The assumption that states silently apply the law, increases this problem, because everyone worries about

relies on the fiction that states are unified. his branch only).It is in fact logical that a state that creates rights and obligations, is interested in respecting those obligations and claims its rights.

When states engage in diplomatic exchanges or international litigation, the law of the responsibility of states for internationally wrongful acts applies.

If, for example, we take the obligation not to use the territory of a state to harm another state, we see that if that happens as a result of negligence by the state authorities, the rules of state responsibility apply. When the damage is caused in any other way, the rules of state liability for lawful activity apply.

It is frequent to find a lack of knowledge of international law in the last officials, but

often we International wrongs and state responsibility ❖States can international obligation inadvertently Rules on international state responsibility also apply to breach(by disinformation) or by political choice. cases where is not a state or anthe applicantIf we have for example a state A that has rights that are intergovernmental organisation, but an individual or a obligations for the state B, and the state B doesn’t company. In these cases private applicants have their respect them, is the state that In this right to vindicate towards all the state parties to a A can complain.case, the state invoking (A) the responsibility of another human right treaty, or the state of nationality of the state (B) will have to prove the actual conduct and the investor.existence of an international rule that consider that Differently on what happens in domestic law, the international state responsibility is a unitary conduct wrong. If the state A does nothing for a certain because there is no

Hierarchy of sources

The hierarchy of sources refers to the different forms of responsibility that can arise during a specific period of a regime. If a state is estopped from arising an issue, it means that it is prevented from bringing up that issue.

International law

International law applies equally to breaches of obligations stemming from treaties or customary rules. It is important to note that breaches of obligations under domestic law are different from breaches of obligations under international law.

State responsibility

When a state breaches a treaty, it does not lose its right to invoke state responsibility. State responsibility is different when it comes to breaches of domestic law and breaches of international law.

Internationally wrongful act

An internationally wrongful act is an act that can be attributed to a state. It does not apply to abstract entities, but only to states.

Individuals of the organs that carried out the wrongful conduct are the subject of international law that violates an international obligation. We now have to distinguish between damage and breach, negligence. It is possible instead to breach international law through conduct in breach of international obligation attributed to a state (a state may breach international law through any of its organs). There have been some cases where the state claimed the wrongfulness of an act. These judgments are important because they are useful to avoid the repetition of the wrongful act.

To be not responsible for the action of the An element that is not considered as a constituent (independent) judiciary organ, but that is not possible element of an international wrong is the Fault is because of the principle by which a state cannot justify fault. A psychological element and as such, it isn't possible to ATC Pagina 14 di 19 its conduct (action or omission) in breach of Another example of preclusion of wrongfulness is international law with its municipal law. countermeasure or sanction in the response to a (not to do) previous international wrong. When, for example, the The violation of negative obligation following active conduct, is immediately evident. wrong act is committed with armed attack, it is possible The (to do) on the other to respond with arms for self-defence. violation of positive obligation hand can lead someone to think that the state is Another type of controversial circumstance which precludes wrongfulness is necessity.

According to the circumstances, the state is responsible for the omission Articles on Responsibility of States for Internationallyby the state organs. An example could be the takeover Wrongful Acts, a situation of necessity can be invokedof protestors over an embassy. In this case the state is only to preclude conduct in violation of international lawnot responsible for the conduct of those protesters, but (when that is the only way for the state to safeguard anfor the police that didn't take all the preventive essential interest against a grave and imminent peril).

Also, the conduct of an organ (even if beyond or against their conduct acting ultra vires) is responsibility of the circumstances that requested necessity. An example is when Argentina invoked its financial collapse in 2001 as a valid ground to justify that conduct if the invoking state contributed to the.

circumstances where a ground to justify contractual and financial obligation.wrongfulness isAn example is consent. That is the consent That is necessity, but that defence was rejected.precluded.by state A to state B to breach an obligation. Let's not Another important thing to point out is that theconfuse this with the right to invoke responsibility. State meaningpreclusion of wrongfulness is transitory,A gives the consent to breach an obligation, but the that the circumstances persist and that the state is notconsequences of that conduct give state A the right to dispensed from paying the damage caused.invoke responsibility.The legal relationship of responsibility

1. The occurrence of an international wrong triggers a (considered as self-help not to be countermeasures(bilateral) between the state that made abused). These are to be confined to the goal of exerting relationship the wrongful act and the state that suffered it. The main pressure on the wrongdoing state in order

For it to cease, an element of that relationship is reparation. Reparation is well explained: it is the instrument to re-establish the situation which would have existed if that act had not been committed, and the state has to make a full reparation for the injury caused, including any damage (moral or material). The forms of reparation consist in restitution, compensation, and satisfaction (singly or in combination).

In the Chorzòw Factory case, sanctions of the UN Security Council are the enforcement functions, meaning that they change depending on the enforcement organ of the state that adopts them. In the Barcelona Traction v. Belgium case, we see that there is a difference between the obligations of a state towards the international community as a whole (concern of all states erga omnes) and those vis-à-vis another state.

*Restitution, such as the obligation for the wrongdoing state to repeal a given statute. In the case of a continuous breach, restitution is used to

stop the Also, for the international law commission, not only conduct. states materially injured can invoke responsibility, sue*Compensation when restitution is not possible the wrongdoing state and take countermeasures, but→(restitution comes first for the World Trade Organization, also other states when a) the obligation is owed to a while international law upholds the request for group of states including that state (breach of an erga omnes obligation) or b) the obligation is owed to the international community as a whole (breach of Another element of that relationship is the right, for the peremptory rules). state that suffered the breach, to take State liability and civil liability❖First of all, let’s say that the term means legal civil law systems we have Strict liability objective liability. responsibility. Liability can be civil, in t