Public international law Essay Example | Topics and Well Written Essays - 2000 words

Public international law - Essay ExampleThis make-up shall discuss such circumstances. germane(predicate) case law shall be used in order to support this discussion. The archetypical part of this paper shall discuss the circumstances by which a enunciate can be excluded from responsibility for its wrong actions. Next, a specific discussion on each of the circumstances shall be carried step up with supporting case studies for each circumstance. Lastly, concluding remarks shall end this discussion, summarizing the cases and pictureing a clear and comprehensive answer to the issue raised. This paper is being carried out in order to assist politicians and academicians in establishing a better understanding of state actions, state responsibility, and exceptions to such responsibility. Body The International Law Commission formal circumstances by which wrongful acts can be excluded from state responsibility. These circumstances include consent, self-defence, counter-measures, last ingness majeure, and state of necessity1. Article 26 of the UN Charter nevertheless, supports a formula which does not allow the use of the circumstances indicated above in instances where international legal norms are violated. The missionary station is however also firm in declaring that the above causes may only be used if the state contradicts international law, regardless of the arrangement violated, which may involve international laws, treaties, and unilateral acts2. Defending these circumstances does not seek to eliminate the obligation of states to comply with the provisions of international law nevertheless, these circumstances provide an save and a justification for wrongful acts3. It is also important to consider the distinction which must be established between the impact of the circumstances which do not include the wrongful act and the fulfilment of the obligations undertaken. The first circumstance which can justify wrongful acts of states is consent. Internation al law specialists declare that if a state consents to some other state acting in a certain way which is actually against their legal obligations to the former, the consent would establish an agreement which supports the elimination of the effects of the obligations between the parties4. The crucial element in this circumstance is on the creative activity of an obligation, and such obligation is on an international scale5. In instances where one state would ask the existing obligation to be disregarded, it is clear that a reasoned consent has been issued6. Whether or not the act is valid is establish on state institutions and internal legal provisions. The consent must also be given freely before the act is carried out, moreover, the act must be protected by the limitations indicated in the consent agreement. soundless and express consent can cover such act, however, presumed consent is not included in the vista of the discussion7. Article 20 of the draft articles on state respo nsibility for internationally wrongful act indicates that valid consent indicated by the invoking state regarding a certain act eliminates the wrongful quality of the act affiliated for as long as the act remains within the limitations imposed by the consent8. Aside from consent, self-defence is also another means of justifying a wrongful act by a state. Based on Article 2 of the UN Charter, relations among states must be founded on the commitment not to use force or threat of force against any other state9. Nevertheless, Article 51 indicates that all states have the innate right to self-defence during armed attacks