Aula 26 - Responsabilidade Internacional do Estado

Summary

The lecture explores key concepts in International Public Law, focusing on state responsibility in international relations. It covers topics like regional integration systems, the role of the executive, legislative, and judiciary branches in international law, and examples of state responsibility such as violations of treaties or human rights. The professor discusses scenarios where states are held accountable for actions or omissions, using real-world examples like the Cesare Battisti case and the Maria da Penha case. The session also introduces the idea of international responsibility triggered by acts of state officials or even private individuals under exceptional circumstances.

Takeaways

• 😀 Diplomatic and consular relations are key aspects of international law that help define the relationship between states.
• 😀 There are five primary types of regional integration systems: customs union, common market, economic and monetary union, among others, with varying degrees of cooperation between states.
• 😀 Regional integration can expand borders through cooperation on laws, customs, and trade agreements, creating a more unified region.
• 😀 The responsibility of states in international law arises when actions or omissions by a state violate international law and cause harm to other states.
• 😀 State responsibility has three core elements: the act (action or omission), the damage caused, and the causal link between the two.
• 😀 State responsibility can originate from acts of the executive (e.g., treaties, arrests), legislative (e.g., laws violating treaties), or judicial branches (e.g., failure to apply international law).
• 😀 Private individuals and companies generally do not cause state responsibility unless the state endorses or facilitates their actions.
• 😀 In exceptional cases, a state may be held responsible for acts by non-state actors, such as when the state supports terrorism or provides sanctuary to criminals.
• 😀 Terrorist acts supported by a state, like the 9/11 attacks, can lead to international responsibility for that state, as in the case of Afghanistan's involvement with Osama Bin Laden.
• 😀 During conflicts, states may be held accountable for damages caused to foreign nationals or embassies, depending on the actions of groups within the state.
• 😀 The next lesson will explore the concepts of damages, causal links, and limitations to state responsibility, deepening the understanding of state accountability in international law.

Q & A

What are the five main classifications of regional integration systems mentioned in the script?

The five main classifications of regional integration systems are: 1) Free Trade Area, 2) Customs Union, 3) Common Market, 4) Economic and Monetary Union, and 5) Full Political and Economic Union.

How does the script define regional integration?

Regional integration is described as the expansion of state borders through the creation of rules and agreements with other countries. At its most advanced stage, this integration can resemble a federal system.

What is the distinction between action and omission in terms of state responsibility?

An action refers to a positive act where a state violates international law, such as a police officer shooting at an embassy. An omission occurs when the state fails to act, such as not extraditing a criminal despite an international request.

What are some examples of actions that could lead to a state's international responsibility?

Examples of actions include violations like a police officer arbitrarily arresting a foreigner, a state illegally altering a treaty, or the military engaging in war crimes or excessive force.

Can a state be held internationally responsible for actions of private individuals or companies?

Generally, states are not responsible for actions of private individuals unless the state supports or fails to act against those actions. For example, a company causing environmental harm may lead to state responsibility if the state is complicit or negligent.

How can a state's legislature contribute to international responsibility?

The legislature can contribute to state responsibility by enacting laws that contradict existing international treaties, such as passing legislation that violates prior agreements between countries.

What role does the judiciary play in the responsibility of a state under international law?

The judiciary can lead to state responsibility if it ignores international treaties or fails to carry out judicial duties, such as refusing to extradite a criminal or denying justice in violation of human rights obligations.

What is 'neglect of justice' in the context of international responsibility?

Neglect of justice occurs when a country's judiciary fails to uphold legal obligations, such as not providing timely justice or neglecting the rights of individuals, as seen in the Maria da Penha case.

What are the three elements required for a state's international responsibility to arise?

The three elements are: 1) The act itself (positive or negative), 2) Damage caused by the act, and 3) A causal link between the act and the damage.

Can a state's failure to extradite an individual create international responsibility even in the absence of a specific treaty?

Yes, a state's failure to extradite an individual can create international responsibility even if there is no specific treaty, as the act may still violate general international norms or cause harm to another state.