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)