Compliance and Enforcement • Interstate claims based on state responsibility – End up in court – Complex, technical, multilateral – Proof difficult – About reparation after damage – States reluctant to accept BUT IMP TO UNDERSTAND • Env regimes are preventive – How to enforce preventive obligations? – Institutional monitoring, supervision – Community pressure – Apply principles of equity, need flexibility in solutions – Negotiate, mediate, alternative dispute resolution
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Compliance and Enforcement Interstate claims based on state responsibility –End up in court –Complex, technical, multilateral –Proof difficult –About reparation.
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Compliance and Enforcement
• Interstate claims based on state responsibility– End up in court
– Complex, technical, multilateral
– Proof difficult
– About reparation after damage
– States reluctant to accept
BUT IMP TO UNDERSTAND
• Env regimes are preventive– How to enforce preventive obligations?
– Institutional monitoring, supervision
– Community pressure
– Apply principles of equity, need flexibility in solutions
– Negotiate, mediate, alternative dispute resolution
State responsibility
• Responsibility upon breach of INT law– treaty
– Customary
– General principles
• Resp only of the state
Codification of customary laws of State Responsibility- ILC
Draft Articles on the Responsibility of States for Internationally Wrongful Acts 2001
Part I (art 1-27)-elements needed for wrongful act
Part II (art 28-41)- consequences of responsibility
Part III (art 42-59)- implementation, countermeasures
- no criminal liability
- no separation between contractual (treaty) and tortuous (fault, negligence, intent) liability
Art 1: Every internationally wrongful act of a state entails the international responsibility of the state.
Wrongful = unlawful under int law, not national (art 3)
Act= act or omission
State: all states
State Responsibility
State Responsibility
Art 2: (a) An internationally wrongful act consists of acts or omissions attributable to the state