Are ILC Draft Articles binding?
International and German courts referred their decisions to selected International Law Commission draft articles on State responsibility, and these articles were legally binding statements of customary international law. Therefore, their status was secure under both German and international case law.
What is responsibility of States for internationally wrongful acts?
The responsible State is under an obligation to make full reparation for the injury caused by the internationally wrongful act. Injury includes any damage, whether material or moral, caused by the internationally wrongful act of a State.
What is the responsibility of a state?
States have the legal obligation to protect and promote human rights, including the right to social security, and ensure that people can realize their rights without discrimination.
Who can invoke state responsibility?
Any State other than an injured State is entitled to invoke the responsibility of another State in accordance with paragraph 2 if: 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.
What are the duties of a state based in the article?
Answer. Answer: Every State has the right to equality in law with every other State. Every State has the duty to treat all persons under its jurisdiction with respect for human rights and fundamental freedoms, without dis- tinction as to race, sex, language, or religion.
Is state responsibility a rule of international law?
A state is responsible for direct violations of international law—e.g., the breach of a treaty or the violation of another state’s territory. Further, the state is internationally responsible for the private activities of persons to the extent that they are subsequently adopted by the state.
What are the rights and obligation of state?
Furthermore, in order to clarify the meaning of States’ obligations, they are sometimes put under three headings: to respect (refrain from interfering with the enjoyment of the right), to protect (prevent others from interfering with the enjoyment of the right) and to fulfil (adopt appropriate measures towards the full …
What is state in international law?
According to one definition, a state is a community formed by people and exercising permanent power within a specified territory. According to international law, a state is typically defined as being based on the 1933 Montevideo Convention.
What conducts are attributable to the state?
The purpose of attribution is to establish that the act considered as internationally wrongful emanates from a certain State for the purposes of responsibility. That a certain conduct is attributable to the State says nothing, as such, about the legality or otherwise of that conduct.
What happens when a country violates international law?
If a country violates international law, other states may refuse to enter into future agreements, may demand greater concessions when entering into such agreements, or may lose faith in the strength of existing agreements.
What is the most important element of state?
A State stands identified with its four absolutely essential elements:
- Population:
- Territory:
- Government:
- Sovereignty:
- State is the Natural Institution:
- State is a Social Necessity:
- Economic Necessity of State:
- State secures Peace, Security and Welfare of all in Society:
What is state and example?
State is defined as a territory with its own government and borders within a larger country. An example of a state is California. An example of state is when you say your name.
Is recognition a duty of a state?
The recognition of the State is an essential procedure, so that the State can enjoy the rights and privileges as an independent community under International law. The recognition be it De Facto and De Jure, both provides rights, privileges and obligations.
What does it mean to recognize a state?
Diplomatic recognition in international law is a unilateral declarative political act of a state that acknowledges an act or status of another state or government in control of a state (may be also a recognized state). …
What are the legal effects of recognition?
Legal Effects of such recognition It acquires the capacity to enter into diplomatic relations with other states. It acquires the capacity to enter into treaties with other states. The state is able to enjoy the rights and privileges of international statehood. The state can undergo state succession.
How is a state formed?
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the …
What are the main features of a state?
There are eight essential characteristics of a state:
- Population.
- Territory.
- Government.
- Permanence.
- Recognition.
- Sovereignty.
- Taxation.
- System of laws.
What is a state and what factors bring about the emergence of a state?
Historically, the emergence of nation-states involves several distinct but related processes: the hierarchical location of final authority, that is, sovereignty; the acceptance of the principle that such sovereignty is territorially demarcated and circumscribed; and nation building.
What are the four origins of a state?
Here are the 4 main theories on how the state originated: • First, can we name them? Evolutionary Theory- developed out of the early family 3. The Divine Right Theory- “Divine Right to rule” 4. The Social Contract Theory- the state arose out of a voluntary act of free people.
What led to the emergence of the nation state from feudalism?
The Thirty Years’ War, fought throughout central Europe from 1618–1648 between Protestants and Catholics, laid the legal foundation for the nation-state. The war involved many nations of Europe, including many small German states, the Austrian Empire, Sweden, France, and Spain.
What is a secondary state?
Secondary state means any state that is not the primary state.
What is a primary civilization?
At the close of the pre-Neolithic age, these two civilizations were experiencing increasing populations, had extensive food production capabilities, and had several communities at similar stages of development. …
What are the factors that led to the rise of nation states?
For our purposes, we’ll focus on two main factors which led to the rise of nation-states. They are: the decline of feudalism and the decline of Church power. To begin, a nation-state is a defined territory with a sovereign government, made up of people sharing a common culture, history, and language.
How is nation different from state?
A state is a territory with its own institutions and populations. A nation is a large group of people who inhabit a specific territory and are connected by history, culture, or another commonality. A nation-state is a cultural group (a nation) that is also a state (and may, in addition, be a sovereign state).
What is the relationship between nation and state?
Consequently, a nation and a state exist in a mutually dependent relationship with the nation providing the identity and reason for existence of the state and the state providing institutions to govern and secure the interests of the nation.
How globalization affects nation and state?
Globalization also creates a sense of interdependence among nations, which could create an imbalance of power among nations of different economic strengths. Through various economic imbalances, these interactions may lead to diminished roles for some states and exalted roles for others.
What are examples of nation states?
Places like France, Egypt, Germany, and Japan are excellent examples of nation-states. There are some States which have two nations, such as Canada and Belgium. Even with its multicultural society, the United States is also referred to as a nation-state because of the shared American “culture.”
How does globalization affect nation-state?
What are the similarities and differences of the concepts of nation and state?
A nation refers to a group of people who feel bound into a single body by shared culture, values, folkways, religion and/or language. A state refers to a portion of land with a sovereign government and laws. States often coincide with nations (and are called nation-states but not always).