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State Responsibility - Essay Example

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The essay "State Responsibility" highlights that there can be no right without a corresponding responsibility. This principle equally holds good in the sphere of Public International Law. Hence state responsibility is always implicit wherever there is a question of state rights…
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State Responsibility
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Extract of sample "State Responsibility"

Download file to see previous pages State rights and responsibilities are implicit in all types of treaties and conventions. In fact such rights and obligations on the part of states form the basic foundation on which such treaties and conventions are negotiated.
The Permanent Court of International Justice observed in the case concerning the factory at Chrozow that “it is a principle of law that any breach of an engagement involved an obligation to make reparation. Reparation was the indispensable complement of a failure to apply a convention and there is no necessity for this to be stated in the convention itself”. Further the court observed that the rules governing the reparation are the rules of Public International Law in force between the two states concerned and not the law governing the relations between the states which has committed a wrongful act and the individual who has suffered damage. The court has indicated what this obligation amounted to. It observed ; “The reparation must, in so far as possible, wipe out all the consequences of the illegal act and re-establish the situation which would in all probability, have existed, if that act had not been committed. Restitution in kind, or if that is not possible, payment of a sum corresponding to that value which a restitution in kind would bear, the award, if need be, of damages for loss sustained which would not be covered by restitution in kind or payment in place of it”. The court in its observation mentioned restitution or compensation as modes of reparation....
The Permanent Court of International Justice observed in the case concerning the factory at Chrozow that "it is a principle of law that any
breach of an engagement involved an obligation to make reparation. Reparation was the indispensable complement of a failure to apply a
convention and there is no necessity for this to be stated in the convention itself". Further the court observed that the rules governing the
reparation are the rules of Public International Law in force between the two states concerned and not the law governing the relations
between the states which has committed a wrongful act and the individual who has suffered damage. The court has indicated what this
obligation amounted to. It observed ; "The reparation must, in so far as possible, wipe out all the consequences of the illegal act and re-
establish the situation which would in all probability, have existed, if that act had not been committed. Restitution in kind, or if that is not
possible, payment of a sum corresponding to that value which a restitution in kind would bear, the award, if need be, of damages for loss
sustained which would not be covered by restitution in kind or payment in place of it". The court in its observation mentioned restitution or
compensation as modes of reparation, but it is generally accepted that reparation may also take the form of satisfaction.
State responsibility in Public International Law has assumed a much greater role today. The UN conference on Environment and
Development or the Rio Declaration (1992) imposes state responsibility in controlling emission of green house gases. It envisages
compensation to the victims due to accidents occurring as a result of state activity. It imposes greater responsibility on ...Download file to see next pagesRead More
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