Torts in public international law
Akin to the torts and civil wrongs committed by individuals against each other in a domestic society, which can result in the wrongdoers being held responsible for their actions, States are also responsible for any international wrongful acts they may have committed against other States. Under in...
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| Format: | Book Chapter |
| Language: | English English English |
| Published: |
CLJ Malaysia Sdn. Bhd.
2024
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/116567/1/Chapter%2035%20Prof%20Naqib.pdf http://irep.iium.edu.my/116567/2/Contents%20and%20preliminary%20pages.pdf http://irep.iium.edu.my/116567/3/Index.pdf http://irep.iium.edu.my/116567/ |
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| Summary: | Akin to the torts and civil wrongs committed by individuals against each other
in a domestic society, which can result in the wrongdoers being held responsible
for their actions, States are also responsible for any international wrongful acts
they may have committed against other States. Under international law, States are
responsible to each other for the violation of international law and non-observance
of the obligations imposed by international law. A State may incur liability if it
violates a rule of customary international law, ignores its obligation under a treaty,1
or causes injury to nationals of other State or their property. In other words, a breach
of an international obligation is an international wrong that entails responsibility.2
Basically, the law of State responsibility concerns itself with the determination of
whether there is a “wrongful act” attributable to the State, whether such wrongful
act constitutes a “breach of an international legal obligation” in force for that State,
whether there is any “justification” for such wrongful act of that State, and whether
there is any “legal consequence” of such wrongful act |
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