Chapter 9 Outline answers to essay questions
This essay requires a solid analysis of the relevant provisions of the ASR in relation to the notion of ‘injured State’ under the law of State responsibility. It is regulated principally by Art 42 ASR. In addressing the question of ‘injured State’, you should refer to various categories of injured and non-injured States depending on the nature of the international obligation: thus, it is one thing when the obligation is owed contractually to a State and another when it is, in principle, owed to a plurality of State parties to a treaty or to the international community as a whole. It is in this regard that you should discuss the difference between contractual obligations obligations erga onmes partes and obligations erga omnes. Reference should also be made to the relevant case law, e.g. Belgium/Senegal case (ICJ, 2012) on obligations erga onmes partes arising from the 1984 Convention against Torture or the East Timor case, (ICJ, 1995) on obligations erga omnes arising from the principle of self-determination. Finally, you should examine the notion of the injured State or the non-injured State in relation to the invocation of responsibility under Art 48 ASR.