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La dispensa fa riferimento alle lezioni di Diritto Internazionale, tenute dalla Prof. ssa Alessandra Lanciotti nell'anno accademico 2011.
Il documento riporta una presentazione in inglese dedicata alla responsabilità internazionale degli Stati. La divisione degli argomenti è la seguente: origin,... Vedi di più

Esame di Diritto Internazionale docente Prof. A. Lanciotti

Anteprima

ESTRATTO DOCUMENTO

Article 33

Scope of international obligations set out in

this part

• 1. The obligations of the responsible State set

out in this part may be owed to another State, to

several States, or to the international community

as a whole, depending in particular on the

character and content of the international

obligation and on the circumstances of the

breach. Article 33

2. This part is without prejudice to any right, arising

from the international responsibility of a State,

which may accrue directly to any person or entity

other than a State.

CHAPTER II

REPARATION FOR INJURY

Article 34

Forms of reparation

• Full reparation for the injury caused by the

internationally wrongful act shall take the form of

restitution, compensation and satisfaction, either

singly or in combination, in accordance with the

provisions of this chapter.

Article 35

Restitution

• A State responsible for an internationally

wrongful act is under an obligation to make

restitution, that is, to re-establish the situation

which existed before the wrongful act was

committed, provided and to the extent that

restitution: Article 35

(a) Is not materially impossible;

(b) Does not involve a burden out of all proportion

to the benefit deriving from restitution instead of

compensation. Article 36

Compensation

1. The State responsible for an internationally

wrongful act is under an obligation to

compensate for the damage caused thereby,

insofar as such damage is not made good by

restitution. Article 36

2. The compensation shall cover any financially

assessable damage including loss of profits

insofar as it is established.

Article 37

Satisfaction

1. The State responsible for an internationally

wrongful act is under an obligation to give

satisfaction for the injury caused by that act

insofar as it cannot be made good by restitution

or compensation.

Article 37

2. Satisfaction may consist in an

acknowledgement of the breach, an expression

of regret, a formal apology or another

appropriate modality.

3. Satisfaction shall not be out of proportion to the

injury and may not take a form humiliating to the

responsible State.

Article 38

Interest

1. Interest on any principal sum due under this

chapter shall be payable when necessary in

order to ensure full reparation. The interest rate

and mode of calculation shall be set so as to

achieve that result.

Article 38

2. Interest runs from the date when the principal

sum should have been paid until the date the

obligation to pay is fulfilled.

Article 39

Contribution to the injury

• In the determination of reparation, account shall

be taken of the contribution to the injury by wilful

or negligent action or omission of the injured

State or any person or entity in relation to whom

reparation is sought.

CHAPTER III

SERIOUS BREACHES OF OBLIGATIONS

UNDER PEREMPTORY

NORMS OF GENERAL INTERNATIONAL

LAW

Article 40

Application of this chapter

1. This chapter applies to the international

responsibility which is entailed by a serious

breach by a State of an obligation arising under

a peremptory norm of general international law.

Article 40

2. A breach of such an obligation is serious if it

involves a gross or systematic failure by the

responsible State to fulfil the obligation.

Article 41

Particular consequences of a serious breach of

an obligation under this chapter

1. States shall cooperate to bring to an end

through lawful means any serious breach within

the meaning of article 40.

Article 41

2. No State shall recognize as lawful a situation

created by a serious breach within the meaning

of article 40, nor render aid or assistance in

maintaining that situation.

Article 41

3 . This article is without prejudice to the other

consequences referred to in this part and to

such further consequences that a breach to

which this chapter applies may entail under

international law.

PART THREE

THE IMPLEMENTATION OF THE

INTERNATIONAL

RESPONSIBILITY OF A STATE

CHAPTER I

INVOCATION OF THE RESPONSIBILITY

OF A STATE

Article 42

Invocation of responsibility by an injured State

• A State is entitled as an injured State to invoke

the responsibility of another State if the

obligation breached is owed to:

Article 42

( a) That State individually;

or

(b) A group of States including that State, or the

international community as a whole, and the

breach of the obligation:

Article 42

( i) Specially affects that State; or

(ii) Is of such a character as radically to change the

position of all the other States to which the

obligation is owed with respect to the further

performance of the obligation.

Article 43

Notice of claim by an injured State

1. An injured State which invokes the responsibility

of another State shall give notice of its claim to

that State.

2. The injured State may specify in particular:

Article 43

(a) The conduct that the responsible State should

take in order to cease the wrongful act, if it is

continuing;

(b) What form reparation should take in

accordance with the provisions of part two.

Article 44

Admissibility of claims

The responsibility of a State may not be invoked if:

(a) The claim is not brought in accordance with

any applicable rule relating to the nationality of

claims; Article 44

(b) The claim is one to which the rule of exhaustion

of local remedies applies and any available and

effective local remedy has not been exhausted.

Article 45

Loss of the right to invoke responsibility

The responsibility of a State may not be invoked if:

;

(a) The injured State has validly waived the claim

Article 45

(b) The injured State is to be considered as

having, by reason of its conduct, validly

acquiesced in the lapse of the claim.

Article 46

Plurality of injured States

Where several States are injured by the same

internationally wrongful act, each injured State

may separately invoke the responsibility of the

State which has committed the internationally

wrongful act. Article 47

Plurality of responsible States

1. Where several States are responsible for the

same internationally wrongful act, the

responsibility of each State may be invoked in

relation to that act.

Article 47

2. Paragraph 1:

(a) Does not permit any injured State to recover,

by way of compensation, more than the damage

it has suffered;

(b) Is without prejudice to any right of recourse

against the other responsible States.

Article 48

Invocation of responsibility by a State other

than an injured State

1. Any State other than an injured State is entitled

to invoke the responsibility of another State in

accordance with paragraph 2 if:

Article 48

(a) The obligation breached is owed to a group of

States including that State, and is established for

the protection of a collective interest of the

group;

or

(b) The obligation breached is owed to the

international community as a whole.

Article 48

2. Any State entitled to invoke responsibility under

paragraph 1 may claim from the responsible

State:

(a) Cessation of the internationally wrongful act,

and assurances and guarantees of non-

repetition in accordance with article 30;

and Article 48

(b) Performance of the obligation of reparation in

accordance with the preceding articles, in the

interest of the injured State or of the

beneficiaries of the obligation breached.

Article 48

3. The requirements for the invocation of

responsibility by an injured State under articles

43, 44 and 45 apply to an invocation of

responsibility by a State entitled to do so under

paragraph 1. CHAPTER II

COUNTERMEASURES

Article 49

Object and limits of countermeasures

1. An injured State may only take

countermeasures against a State which is

responsible for an internationally wrongful act in

order to induce that State to comply with its

obligations under part two.

Article 49

2. Countermeasures are limited to the non-

performance for the time being of international

obligations of the State taking the measures

towards the responsible State.

Article 49

3. Countermeasures shall, as far as possible, be

taken in such a way as to permit the resumption

of performance of the obligations in question.

Article 50

Obligations not affected by countermeasures

1. Countermeasures shall not affect:

(a) The obligation to refrain from the threat or use

of force as embodied in the Charter of the United

Nations; Article 50

(b) Obligations for the protection of fundamental

human rights;

(c) Obligations of a humanitarian character

prohibiting reprisals;

(d) Other obligations under peremptory norms of

general international law.

Article 50

2. A State taking countermeasures is not relieved

from fulfilling its obligations:

(a) Under any dispute settlement procedure

applicable between it and the responsible State;

(b) To respect the inviolability of diplomatic or

consular agents, premises, archives and

documents. Article 51

Proportionality

Countermeasures must be commensurate with the

injury suffered, taking into account the gravity of

the internationally wrongful act and the rights in

question. Article 52

Conditions relating to resort to

countermeasures

1. Before taking countermeasures, an injured State

shall:

(a) Call upon the responsible State, in accordance

with article 43, to fulfil its obligations under part

two; Article 52

(b) Notify the responsible State of any decision to

take countermeasures and offer to negotiate

with that State.

2. Notwithstanding paragraph 1 (b), the injured

State may take such urgent countermeasures as

are necessary to preserve its rights.

Article 52

3. Countermeasures may not be taken, and if

already taken must be suspended without undue

delay if:

(a) The internationally wrongful act has ceased;

and


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DESCRIZIONE DISPENSA

La dispensa fa riferimento alle lezioni di Diritto Internazionale, tenute dalla Prof. ssa Alessandra Lanciotti nell'anno accademico 2011.
Il documento riporta una presentazione in inglese dedicata alla responsabilità internazionale degli Stati. La divisione degli argomenti è la seguente: origin, content, implementation, general provisions.


DETTAGLI
Corso di laurea: Corso di laurea magistrale in giurisprudenza
SSD:
Università: Perugia - Unipg
A.A.: 2011-2012

I contenuti di questa pagina costituiscono rielaborazioni personali del Publisher Atreyu di informazioni apprese con la frequenza delle lezioni di Diritto Internazionale e studio autonomo di eventuali libri di riferimento in preparazione dell'esame finale o della tesi. Non devono intendersi come materiale ufficiale dell'università Perugia - Unipg o del prof Lanciotti Alessandra.

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