State Responsability

Historically the term state responsibility only referred to issues surrounding diplomatic protection and state treatment of foreign nationals. The State had to provide mechanisms which protected them from harm, and any State which did not comply would be held accountable and imputed. Nevertheless, with the development of the international human rights law, which applied to every individual, thisconcept had to be modified. Therefore, the fundamental principle that illustrates state responsibility in modern international law is to hold accountable each state for its acts. This is why international law can only identify state responsibility based on determining specific facts and circumstances that allow imputing a State the existence of international duties. Furthermore, international lawmust also determine the consequences of a violation to these international duties. Thus, state responsibility firmly establishes that states which do not respect their international obligations will have to be obliged to cease any illegal actions and repair any damage created. It also establishes the circumstances in which the actions of certain officials, private individuals and other entitiesmay be attributed to the State. If the objective is to establish and define the forms by which these international duties impose a certain homogeneous condition between states regardless of economical, political or social factors, does it become threatening to the sovereignty of a State?



Even though international law does establish a concrete concept of state responsibility, it does notprovide a guideline which obliges states to renounce their sovereignty. Every State is responsible primarily to its own constituents, therefore state responsibility provides a model which allows defining and categorizing the capacities of a State to meet specific requirements, so that the international community can determine which states cannot accomplish their sovereign obligations, andtherefore need support or intervention. The result of this model is that it conceptualizes sovereignty as a responsibility and not a right.




The real critical factor of state responsibility is to determine, how will the international community determine when intervention to a sovereign State is justifiable? This inquiry creates a dual characteristic to state responsibility; an internalcomponent which refers to the state and its relationship to its citizens, and an external component which addresses the relationship between states. The internal component refers to the responsibility of a sovereign state to provide goods, services and security to its citizens. In order to effectively meet these requirements it must create legitimate and effective institutions which ensure the activeparticipation of its citizens on the formation of government and its policies. In the other hand, the external component refers to the responsibility of states to follow and obey international norms which regulate the relation between nations and defines the consequences to any violation.




State responsibility also provides a basis for assessing the effectiveness of a state. It isimperative to create a concept of sovereignty based on state responsibility, which is consistent with the historical and empirical factors that affect every particular State. Sovereignty has become a very important part of world affairs because it provides fundamental values. It is believed that in order to attain sovereignty, a State must be able to demonstrate internal preeminence and externalindependence. Nevertheless, the ability of others states to judge a particular State by its effectiveness to meet their specific qualifications, makes it subject to international intervention and supervision until it is determined that it meets the requirements set by the international community. Ultimately it is the international community that determines what are the requirements of sovereignty...