WELCOME TO MY

PRESENTATION

Susmit Singha
ID:172011007
Department of law
Green University of Bangladesh
TOPIC OF
MY PRESENTATION

STATE RESPONSIBILITY
IN INTERNATIONAL LAW
STATE RESPONSIBILITY

State responsibility is one of the fundamental principles of International Law. It

arises out of the international legal system and the principles of State sovereignty
and equality of States. It implies that if a State commits an internationally wrongful
(unlawful) act against another State, it will be internationally responsible for
reparation.
BASIS OF STATE RESPONSIBILITY
State responsibility is mainly founded on three
key elements:

 a. The existence of an international legal

obligation, which has to be in force
between the concerned states.

 b. The omission of an act or occurrence of

a wrongful act in violation of the existing
legal obligation.

 c. Loss or damage must result from such a

wrongful act or omission and it suffered
by the state.
THEORIES OF STATE RESPONSIBILITY

There are two key theories that form the basis of state responsibility.

 The Risk theory and

 The Fault Theory

RISK THEORY

The “risk” theory is based upon the principle of objective responsibility which
maintains that the liability of the State is strict. Once a wrongful act causing
damage has been committed by a State official or organ, that State will be
responsible under International Law to the injured State irrespective of its
intention
 C.R.- Neer claims usa vs mexico case .(1926)
FAULT THEORY

 This theory is based upon the principle of subjective

responsibility which requires the establishment of an element of
intention, fault or negligence on the part of the State official or
organ before rendering the State liable for any damage.

 C.R.-Home missionary society case 1920(USA VS. UK)