Che materia stai cercando?

International responsability of states Appunti scolastici Premium

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 3

Characterization of an act of a State as

internationally wrongful

• The characterization of an act of a State as

internationally wrongful is governed by

international law. Such characterization is not

affected by the characterization of the same act

as lawful by internal law.

CHAPTER II

ATTRIBUTION OF CONDUCT TO A

STATE

Article 4

Conduct of organs of a State

1. The conduct of any State organ shall be

considered an act of that State under

international law, whether the organ exercises

legislative, executive, judicial or any other

functions, whatever position it holds in the

organization of the State, and whatever its

character as an organ of the central Government

or of a territorial unit of the State.

Article 4

2. An organ includes any person or entity which

has that status in accordance with the internal

law of the State. Article 5

Conduct of persons or entities exercising

elements of governmental authority

• The conduct of a person or entity which is not an

organ of the State under article 4 but which is

empowered by the law of that State to exercise

elements of the governmental authority shall be

considered an act of the State under

international law, provided the person or entity is

acting in that capacity in the particular instance.

Article 6

Conduct of organs placed at the disposal of a

State by another State

• The conduct of an organ placed at the disposal

of a State by another State shall be considered

an act of the former State under international law

if the organ is acting in the exercise of elements

of the governmental authority of the State at

whose disposal it is placed.

Article 7

Excess of authority or contravention of

instructions

• The conduct of an organ of a State or of a

person or entity empowered to exercise

elements of the governmental authority shall be

considered an act of the State under

international law if the organ, person or entity

acts in that capacity, even if it exceeds its

authority or contravenes instructions.

Article 8

Conduct directed or controlled by a State

• The conduct of a person or group of persons

shall be considered an act of a State under

international law if the person or group of

persons is in fact acting on the instructions of, or

under the direction or control of, that State in

carrying out the conduct.

Article 9

Conduct carried out in the absence or default

of the official authorities

• The conduct of a person or group of persons

shall be considered an act of a State under

international law if the person or group of

persons is in fact exercising elements of the

governmental authority in the absence or default

of the official authorities and in circumstances

such as to call for the exercise of those elements

of authority. Article 10

Conduct of an insurrectional or other

movement

1. The conduct of an insurrectional movement

which becomes the new Government of a

State shall be considered an act of that State

under international law.

Article 10

2. The conduct of a movement, insurrectional or

other, which succeeds in establishing a new

State in part of the territory of a pre-existing

State or in a territory under its administration

shall be considered an act of the new State

under international law.

Article 10

3. This article is without prejudice to the attribution

to a State of any conduct, however related to

that of the movement concerned, which is to be

considered an act of that State by virtue of

articles 4 to 9. Article 11

Conduct acknowledged and adopted by a State

as its own

• Conduct which is not attributable to a State

under the preceding articles shall nevertheless

be considered an act of that State under

international law if and to the extent that the

State acknowledges and adopts the conduct in

question as its own.

CHAPTER III

BREACH OF AN INTERNATIONAL

OBLIGATION

Article 12

Existence of a breach of an international

obligation

• There is a breach of an international obligation

by a State when an act of that State is not in

conformity with what is required of it by that

obligation, regardless of its origin or character.

Article 13

International obligation in force for a State

• An act of a State does not constitute a breach of

an international obligation unless the State is

bound by the obligation in question at the time

the act occurs. Article 14

Extension in time of the breach of an

international obligation

1. The breach of an international obligation by an

act of a State not having a continuing character

occurs at the moment when the act is

performed, even if its effects continue.

Article 14

2. The breach of an international obligation by an

act of a State having a continuing character

extends over the entire period during which the

act continues and remains not in conformity with

the international obligation.

Article 14

3. The breach of an international obligation

requiring a State to prevent a given event occurs

when the event occurs and extends over the

entire period during which the event continues

and remains not in conformity with that

obligation. Article 15

2. In such a case, the breach extends over the

entire period starting with the first of the actions

or omissions of the series and lasts for as long

as these actions or omissions are repeated and

remain not in conformity with the international

obligation Article 15

Breach consisting of a composite act

1. The breach of an international obligation by a

State through a series of actions or omissions

defined in aggregate as wrongful occurs when

the action or omission occurs which, taken with

the other actions or omissions, is sufficient to

constitute the wrongful act.

Article 16

Aid or assistance in the commission of an

internationally wrongful act

• A State which aids or assists another State in

the commission of an internationally wrongful act

by the latter is internationally responsible for

doing so if:

(a) That State does so with knowledge of the

circumstances of the internationally wrongful act;

and

(b) The act would be internationally wrongful if

committed by that State.

Article17

Direction and control exercised over the

commission of an internationally wrongful

act if:

• A State which directs and controls another State

in the commission of an internationally wrongful

act by the latter is internationally responsible for

that act if:

(a) That State does so with knowledge of the

circumstances of the internationally wrongful act;

and Article 17

(b) The act would be internationally wrongful if

committed by that State.

Article 18

Coercion of another State

• A State which coerces another State to commit

an act is internationally responsible for that act if:

(a) The act would, but for the coercion, be an

internationally wrongful act of the coerced State;

and

(b) The coercing State does so with knowledge of

the circumstances of the act.

Article 19

Effect of this chapter

• This chapter is without prejudice to the

international responsibility, under other

provisions of these articles, of the State which

commits the act in question, or of any other

State. CHAPTER V

CIRCUMSTANCES PRECLUDING

WRONGFULNESS

Article 20

Consent

• Valid consent by a State to the commission of a

given act by another State precludes the

wrongfulness of that act in relation to the former

State to the extent that the act remains within

the limits of that consent.

Article 21

Self-defence

The wrongfulness of an act of a State is precluded

if the act constitutes a lawful measure of

selfdefence taken in conformity with the Charter

of the United Nations.

Article 22

Countermeasures in respect of an

internationally wrongful act

• The wrongfulness of an act of a State not in

conformity with an international obligation

towards another State is precluded if and to the

extent that the act constitutes a countermeasure

taken against the latter State in accordance with

chapter II of part three.

Article 23

Force majeure

1. The wrongfulness of an act of a State not in

conformity with an international obligation of that

State is precluded if the act is due to force

majeure, that is the occurrence of an irresistible

force or of an unforeseen event, beyond the

control of the State, making it materially

impossible in the circumstances to perform the

obligation. Article 23

2. Paragraph 1 does not apply if:

(a) The situation of force majeure is due, either

alone or in combination with other factors, to the

conduct of the State invoking it; or

(b) The State has assumed the risk of that

.

situation occurring

Article 24

Distress

1. The wrongfulness of an act of a State not in

conformity with an international obligation of that

State is precluded if the author of the act in

question has no other reasonable way, in a

situation of distress, of saving the author’s life or

the lives of other persons entrusted to the

author’s care. Article 24

2. Paragraph 1 does not apply if:

(a) The situation of distress is due, either alone or

in combination with other factors, to the conduct

of the State invoking it; or

(b) The act in question is likely to create a

comparable or greater peril.

Article 25

Necessity

1. Necessity may not be invoked by a State as a

ground for precluding the wrongfulness of an act

not in conformity with an international obligation

of that State unless the act:

(a) Is the only way for the State to safeguard an

essential interest against a grave and imminent

peril;

and Article 25

(b) Does not seriously impair an essential interest

of the State or States towards which the

obligation exists, or of the international

community as a whole.

Article 25

2. In any case, necessity may not be invoked by a

State as a ground for precluding wrongfulness if:

(a) The international obligation in question

excludes the possibility of invoking necessity; or

(b) The State has contributed to the situation of

necessity. Article 26

Compliance with peremptory norms

• Nothing in this chapter precludes the

wrongfulness of any act of a State which is not in

conformity with an obligation arising under a

peremptory norm of general international law.

Article 27

Consequences of invoking a circumstance

precluding wrongfulness

• The invocation of a circumstance precluding

wrongfulness in accordance with this chapter is

without prejudice to:

Article 27

(a) Compliance with the obligation in question, if

and to the extent that the circumstance

precluding wrongfulness no longer exists;

(b) The question of compensation for any material

loss caused by the act in question.

PART TWO

CONTENT OF THE INTERNATIONAL

RESPONSIBILITY OF A STATE

CHAPTER I

GENERAL PRINCIPLES

Article 28

Legal consequences of an internationally

wrongful act

• The international responsibility of a State which

is entailed by an internationally wrongful act in

accordance with the provisions of part one

involves legal consequences as set out in this

part. Article 29

Continued duty of performance

• The legal consequences of an internationally

wrongful act under this part do not affect the

continued duty of the responsible State to

perform the obligation breached.

Article 30

Cessation and non-repetition

• The State responsible for the internationally

wrongful act is under an obligation:

(a) To cease that act, if it is continuing;

(b) To offer appropriate assurances and

guarantees of non-repetition, if circumstances so

require Article 31

Reparation

1. The responsible State is under an obligation to

make full reparation for the injury caused by

the internationally wrongful act.

2. Injury includes any damage, whether material

or moral, caused by the internationally

wrongful act of a State.

Article 32

Irrelevance of internal law

• The responsible State may not rely on the

provisions of its internal law as justification for

failure to comply with its obligations under this

part. 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.


PAGINE

111

PESO

185.07 KB

AUTORE

Atreyu

PUBBLICATO

+1 anno fa


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.

Acquista con carta o conto PayPal

Scarica il file tutte le volte che vuoi

Paga con un conto PayPal per usufruire della garanzia Soddisfatto o rimborsato

Recensioni
Ti è piaciuto questo appunto? Valutalo!

Altri appunti di Diritto internazionale

Azione di responsabilità extracontrattuale
Dispensa
Caso Codorniu
Dispensa
Caso Foto-Frost
Dispensa
Corte penale internazionale - Statuto in lingua italiana
Dispensa