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State Responsibility - Coggle Diagram

- - - - (1) Conduct of State Organs - Art 4:
        
        Art 4 ARISWA: state organs covers all the individuals / collective entities whic make up the oragnisation of the state and act on its behalf
        
        ICJ in Immunity in Legal Process
        
        Conduct of any organ of the state is a conduct of state - CIL
        
        Executive (govt, ministries, police, arm forces etc)
        
        Southern Pacific Properties v Arab Republic of Egypt:
        
        SPP entered into countract with Egypt govt, develop land for tourism, public opposed, Egypt withdrew permission
        
        Act in question was act of Egy[tian govt-state is resposible
        
        Legislative:
        
        State will be responsible if any acts of Parliament is contrary to international law but still being incorporated in national law
        
        Judicial:
        
        National courts:
        
        will be responsible in the context of "denial of justice"
        
        decline to give effect of treaty
        
        Superior and subordinate:
        
        Art 4 does not distinguish - as long as there's official capacity
        
        Massey claim: US citizen was murdered in Mexico, culprit arrested but later released by the assistant prison warden - Mexico said its no responsible - low status of the official. Held: Mexico responsible, US awarded damages
      - (2) Person/entities exercising elements of governmental authority - Art 5:
        
        Art 5 - attribution to the state of conduct - person/entity - NOT state organs (as per Art 4) - BUT exercise elements of govt authority
        
        Certain state empowers certain public corporations & private companies to exercise elements of govt authority e.g. china, vietnam, US
        
        e.g. private security firms, contracted to act as prison guards
      - (3) Responsibility for ultra vires acts (Art 7):
        
        Art 7 - Act of a state organ - even if an act exceeds its authority or contravenes instructions - state responsible!
        
        Caire Claim:
        
        French national murdered by 2 mexican military officers -f ail to extort money - took himt o military barracks and shot him. This is an ultra vires act, but Mexico was responsible - military acted in capacity and used that capacity to act
      - Conduct of persons directed or controlled by a State (Art 8):
        
        Conduct of private persons acting on the instruction/direction/control of the state
        
        Instructions of the state:
        
        State recruit private persons who act as auxiliaries to support personnel/groups assisting in military/police forces
        
        Zafiro case:
        
        Looting by civilians crew-orders of an American naval officer. The US was found guilty for failing to properly supervise the Chinese crew during wartime
        
        DIrection/control of the state:
        
        Private persons act under the state's direction/control
        
        Nicaragua case:
        
        IHL breach, attributable to US. ICJ held USA had "effective control" of mulitary and paramilitary operations = US responsible
        
        Tadic case:
        
        Adopted a more flexible "overall control" - Yugoslavia not liable, which was later found not appropriate to determine State responsibility
      - Conduct of an insurrectional or other movement:
        
        Becoming new government (Art 10):
        
        act of state under IL
        
        Boliver Railway Co claim:
        
        The nation was responsible for the obligations of a successful revolution from its beginning
        
        Short v Iran:
        
        American citizen employed in Iran by an American comp. Alleged he was expelled from Iran 3 days before Islamic Revolutionary Govt took office and claim danages for his loss of employment benefits
        Held: where there a revolution that leads to the establishment of a new govt the state is held responsible for the acts of the overthrown government
- - - - Primary Rules of International Law -
        
        Customary rules/treaty rules laying down substantive obligations for states
        
        Secondary Rules establishing (state responsibility)
        
        (1) whether a breach of a "primary rule" may be held to have occured
        
        (2) the legal consequences of such a breach