State responsibility in international law
Question 1
State responsibility in international law means the liabilities that a state has under international law. These responsibilities arise from breach by the state of international obligation, which includes international law.
Certain conditions must be met to invoke a state’s responsibility.
A state which is considered to be an injured state invokes another state’s responsibility when the obligation breached is owed to a state individually, which affects the state.
Any nation invoking the responsibility of another state has to give notice of its claim to the target state, which includes specifying the action which the responsible states took in the order of ceasing the wrongful act.
The state’s responsibility should not be invoked when the claim is not presented according to the applicable rule, which relates to the nationality of applications.
The state’s responsibility should not be invoked when the injured state has waived the claim.
In these two cases of the international court of justice, examples applied the stated conditions.
The relocation of the United States embassy to Jerusalem happened on 28th September in 2018. They relate to this condition since it involves an injured state trying to invoke the responsibility of the state of Jerusalem from the United States.
Application of convention on prevention and punishment of the Crime of Genocide, which was between Gambia vs. Myanmar. Two nations have claims against each other to invoke their state responsibility.
https://en.wikipedia.org/wiki/List_of_International_Court_of_Justice_cases
Question 2
According to chapter VI of the United Nations charter, the peaceful resolution of conflict under article 33, where they are endangered in maintaining international peace and security. It suggests analyzation of the conflict through negotiations and through mediation where the council will call on parties involved to use such means of settling their disputes. In article 35, in the resolution of the conflict, the Security Council needs to bring into attention what is endangering international peace and security through the use of diplomatic methods of peaceful resolution of conflict. It uses the conciliation method, which entails an informal process in which the third party tries to bring the parties to an agreement through the lowering of tensions and the improvement of communication.
States prefer using diplomatic methods of resolution of conflict because it is effective in bring lest damage to the nation and also in the building of strong bilateral as well as the multilateral connection between nations. One example of a diplomatic resolution method is conciliation, which involves bringing together different disputants in endeavors of settling their differences. It refers to an informal process where their party tries to bring the parties to an agreement by lowering tensions and improving communication and offering technical assistance. The government prefers diplomatic methods over proper methods because legal methods do not guarantee resolutions and that the decisions made by the arbitration are final. An example of appropriate arrangements of resolution of the conflict is through court resolution, where the disputes settle conflicts.
Question 3
The notion of the use of force in international relations is mostly controlled by customary international law and by treaty law. It has been a standing phenomenon in international law that is directly connected to the sovereignty of the state. The use of force is the limitless power that states wield to utilize all the possible means of guarding and protecting their interests. Unlawful force is where violence is directed against individuals without their consent. Category of the act is where the acts are punishable as an offense or even an action tort for defense. However, the defense does not involve the privilege of using the force. The lawful use of force is where the authority aims at addressing the unlawful situation in society.
The exceptions to the prohibition of the utilization of force in UN charter are found in article 2 (4). It prohibits the utilization of force against any state’s territorial integrity with the purposes of the United Nations. Further, Article 2 (4) prohibits the use of force, which is directed against territorial integrity.
The permissive position upholds the existence of customary international law more broadly than article 51. It frequently claims customary international law identifies that there is anticipatory self-defense during the inception of the Charter. The restrictive view in the general view implies that the exact terms should be met before the lawful exercise of self-defense could be undertaken. Mostly, self-defense is strictly limited and interpreted exceptionally on the general prohibitions. An example of ICJ cases is the obligations for negotiating access to the Pacific Ocean and land Boundary in the Northern part of Isla Portillos in 2017. Another instance of the legal use of force intentionally is where the state comes up with specific policies that the public must follow failure to get punishments.