Test: State Responsibilty - CLAT PG MCQ

A significant challenge in addressing statelessness arises from conflicts in nationality laws between countries, which can lead to situations where individuals are left without a recognized nationality. This issue requires coordinated efforts to ensure that individuals' rights are protected across borders.

The primary aim of extradition is to facilitate the prosecution and punishment of criminals by returning them to the state where the crime was committed. This process underscores the importance of international cooperation in maintaining law and order.

The 1954 Convention Relating to the Status of Stateless Persons provides the definition of a stateless person as someone who is not recognized as a national by any state. This definition is crucial for understanding the rights and protections owed to stateless individuals.

Generally, a State is not held responsible for acts committed by private individuals unless those individuals are acting under the State's instructions or in situations where they are exercising governmental authority. This principle underscores the distinction between State actions and private conduct.

"Jus soli" refers to the principle of nationality by birth within the territory of a state, meaning individuals born in a particular country automatically acquire that country’s nationality. This contrasts with "jus sanguinis," which is based on descent.

Territorial asylum refers to the protection granted by a state to an individual within its own territory. This right is based on the principle of territorial sovereignty, allowing states discretion in granting asylum while adhering to certain international principles.

International law stipulates that individuals suspected of committing serious crimes, such as war crimes or crimes against humanity, cannot invoke the right to asylum. This limitation reflects the balance between humanitarian protection and accountability for serious offenses.

Consent of the State to which the obligation was owed can prevent the breach from being deemed wrongful, similar to how consent can act as a defense in domestic law. This highlights the significance of mutual agreement in international relations.

An internationally wrongful act can involve State organs or officials, and while private individuals may be involved, the act itself must be attributable to the State. Therefore, the statement that the act must involve private individuals only is incorrect.

Traditionally, restitution is prioritized as a form of reparation, aiming to restore the injured party to their original position before the wrongful act occurred. This approach emphasizes restoring rights rather than merely compensating for losses.

The ARSIWA aims to codify the rules that govern State responsibility in international law, outlining when a State's actions can be deemed internationally wrongful and the consequences of such breaches. This codification is crucial for ensuring that international obligations are respected and upheld.

De facto statelessness refers to individuals who, although having a nationality, do not receive protection or assistance from their national authorities. This often creates significant vulnerabilities for such individuals, complicating their legal status and rights.

"Jus sanguinis" distinguishes itself from "jus soli" by focusing on nationality acquired through descent from a national parent, rather than through birth within a state’s territory. This principle affects how different countries approach citizenship laws.

"By cession" refers to acquiring nationality when a territory is ceded to a new state, while "by birth" typically refers to "jus soli." Thus, it is important to understand the different mechanisms through which nationality can be acquired based on the context.

Article 10 establishes that when an insurrectional movement becomes the new government of a State, its conduct is retrospectively classified as acts of that State. This principle highlights the complexity of State responsibility during regime changes.