Publıc Internatıonal Law I Deneme Sınavı Sorusu #1206238

Which of the following is a case where harm or damage has to be proved before state responsibility is actually laid down? 


Mere breach of obligation

Tax evasion

Kidnapping of diplomats

Environmental pollution

Assassination of politicians 


Yanıt Açıklaması:

The role of harm or damage in state responsibility is also a debatable subject. As evident from the Draft Articles, there is no general requirement of harm or damage before the State responsibility is actually laid down. In certain situations, mere breach of an obligation is enough to give rise to the responsibility of the state such as a minor infringement of the inviolability of an embassy or a consular mission. On the other hand, in trans-boundary environment pollution cases, such as river pollution, the actual damage needs to be established to fix the state responsibility.

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