Chapter 9 Self-test questions

. What is the meaning of 'secondary rules' in the law of international responsibility?

Secondary rules are the rules of interpretation of international law, including the law of international responsibility

Secondary rules are the rules that govern the legal consequences arising from a breach of the primary rules, ie of the international obligations of the States

Secondary rules are the rules that govern exclusively the concept of attribution in the law of international responsibility

Secondary rules are the rules that govern exclusively the law of countermeasures

. What is an 'internationally wrongful conduct'?

An international wrongful conduct is an action or omission which is in breach of a rule of international criminal law

An international wrongful conduct is every breach of an international obligation of the State, whether attributable to it or not

An internationally wrongful conduct consists of an action or omission attributable to the State, which constitutes a breach of an international obligation of the State

An internationally wrongful conduct is the conduct that cannot be excused on grounds of necessity, force majeure etc.

. Are all acts of State organs attributed to the State under the law international responsibility?

The conduct of any State organ shall be considered an act of that State, even in the case that this conduct was unauthorized or ultra vires

Only the conduct of the higher echelons of the government of State shall be attributable to it

The conduct of any State organs shall be considered an act of that State, provided that it is intra vires

Only the conduct of the executive branch of the State shall be considered an act of that State.

. Which persons are considered as 'de facto' organs of the State under the law of international responsibility?

'De facto organs' are the individuals that are empowered by law to exercise elements of governmental authority

'De facto organs' are the persons, which are, in fact, acting on the instructions of, or under the direction or control of, that State in carrying out the conduct attributable to the State

'De facto organs' are the de jure organs of the State that act without due authority or ultra vires

'De facto organs' are the organs, whose acts or omission cannot be attributed to the State

. When 'consent' can serve as a circumstance precluding the wrongfulness of a State conduct?

Consent can serve as a circumstance precluding the wrongfulness whenever it is given

Consent can never serve as a circumstance precluding wrongfulness

Consent can serve as a circumstance precluding wrongfulness, provided the consent is valid and to the extent that the conduct remains within the limits of the consent given

Consent can always serve as a circumstance precluding wrongfulness, no matter which organ of the State gives it

. When are countermeasures illegal?

Countermeasures are illegal when inter alia are disproportionate or in violation of a peremptory norm of international law (e.g. the use of force, human rights)

Countermeasures are illegal when they are taken in the course of an armed conflict

Countermeasures are illegal when they violate bilateral treaties

Countermeasures are illegal when the responsible State does not consent to them

. When a State may lawfully invoke necessity as a circumstance precluding wrongfulness?

Necessity may be invoked by a State when its organ had not other reasonable way of saving his life

Necessity may be invoked by a State only in cases of environmental disasters

Necessity may be invoked by a State when it acts under the pressure of an irresistible force or an unforeseen event

Necessity may be invoked by a State in the exceptional cases where the only way it can safeguard an essential interest threatened by a grave and imminent peril is, for the time being, to avoid performing some other international obligation of lesser weight or urgency

. What forms may the obligation of reparation take?

Reparation may take only the form of pecuniary compensation, including the interest

Reparation denotes only the physical restitution of the wrongful act

Reparation includes restitution, compensation, and satisfaction, either alone or alongside other forms of reparation

The form of reparation is a matter for the responsible State to decide

. Who is an 'injured State' in the law of international responsibility?

A State is 'injured' in case that it has suffered a damage from the internationally wrongful conduct

A State is 'injured' in cases that there has been a violation of a peremptory norm of international law

A State is 'injured' should it acknowledge the existence of the internationally wrongful conduct

A State is 'injured' if the obligation breached was owed to it individually or if it was owed to a group of States, including that State, and it was specially affected

. In which cases may a non-injured State invoke the responsibility of the culprit State?

Only in cases that the injured State has authorized a non-injured one to invoke the responsibility on its behalf

In cases of breaches of specific obligations protecting the collective interests of a group of States (obligations erga omnes partes) or the interests of the international community as a whole (obligations erga omnes)

In cases of violation of acts of international organizations, such as General Assembly Resolutions

In cases of non-compliance with a decision of an international court or tribunal

Chapter 9 Self-test questions

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