State Responsibility : Kinds of State Responsibility | International Law

State responsibility is incurred when one State commits an internationally wrongful act against another. For instance, Article 2(4) of the UN Charter prohibits dictatorial non-intervention by stating that every State is under a legal obligation not to use or threaten to use force against others.

States have the legal obligation to protect and promote human rights, including the right to social security, and ensure that people can realize their rights without discrimination.

• 2) Law of State Responsibility.
• 3) Kinds of State Responsibility.
• I) Direct Responsibility.
• II) Indirect State Responsibility.

In terms of the Draft Articles, state responsibility is incurred when two elements are proved. The first is that there must be conduct consisting of an act or omission, which is attributable to the state under international law.

The position has now changed, with the adoption of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts (“Draft Articles”) by the International Law Commission (ILC) in August 2001. The Draft Articles are a combination of codification and progressive development.

Legal doctrine imagined many different ways in which fault could be relevant: (i) either the breach of all international obligations assumed fault in order to trigger responsibility; (ii) or alternatively the responsibility for the action of the State through its own organs assumed fault, but not the responsibility for …

Major State responsibilities include schools, hospitals, conservation and environment, roads, railways and public transport, public works, agriculture and fishing, industrial relations, community services, sport and recreation, consumer affairs, police, prisons and emergency services.

The law making power of the legislature also includes the power to delegate its power to the executive. That is in this modern democracy, although the supreme law making body is the legislature, most of its law making power has been delegated to the executive.

Both the Senate and the House of Representatives must approve the bill before it can be sent to the governor for signature. The Governor Signs The Bill Into Law. House And The Senate Vote To Over-Ride The Veto. The Governor Allows The Bill To Become Law Without A Signature.

legislature

The Constitution distinguishes three organs of the State – the legislative, executive and judiciary with specific powers and responsibilities assigned on each of these organs.

Complete answer: The Indian Judiciary is considered to be one of the world’s most powerful courts because of certain reasons such as: (i) The judiciary is autonomous in India.

Executive. It comprised of the President or Governor, Council of Minister at Union or State level, along with the administration which executes and enforces laws made by the legislature. The executive is the organ that implements the laws enacted by the legislature and enforces the will of the state.

(x) ”organ of state” means— (a) any department of state or administration in the national, provincial or local sphere of government; or. (b) any other functionary or institution— (i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or.

Historically prevalent forms of government include monarchy, aristocracy, timocracy, oligarchy, democracy, theocracy and tyranny. The main aspect of any philosophy of government is how political power is obtained, with the two main forms being electoral contest and hereditary succession.