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The laws of state responsibility are the principles governing when and how a state is held responsible for a breach of an international obligation. Rather than set forth any particular obligations, the rules of state responsibility determine, in general, when an obligation has been breached and the legal consequences of that violation. In this way they are "secondary" rules that address basic issues of responsibility and remedies available for breach of "primary" or substantive rules of international law, such as with respect to the use of armed force. Because of this generality, the rules can be studied independently of the primary rules of obligation. They establish (1) the conditions for an act to qualify as internationally wrongful, (2) the circumstances under which actions of officials, private individuals and other entities may be attributed to the state, (3) general defences to liability and (4) the consequences of liability. Until recently, the theory of the law of state responsibility was not well developed. 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.〔(''Draft Articles on the Responsibility of States for Internationally Wrongful Acts, Report of the ILC on the Work of its Fifty-third Session,'' UN GAOR, 56th Sess, Supp No 10, p 43, UN Doc A/56/10 (2001) ).〕 The Draft Articles are a combination of codification and progressive development. They have already been cited by the International Court of Justice〔The ICJ cited an earlier draft text of the Articles in ''Gabčíkovo-Nagyamaros Project (Hungary/Slovakia)'', ''ICJ Reports 1997'', at 7.〕 and have generally been well received. Although the articles are general in coverage, they do not necessarily apply in all cases. Particular treaty regimes, such as the General Agreement on Tariffs and Trade and the European Convention on Human Rights, have established their own special rules of responsibility. == History == Traditionally, the term "state responsibility" referred only to state responsibility for injuries to aliens. It included not only "secondary" issues such as attribution and remedies, but also the primary rights and duties of states, for example the asserted international standard of treatment and the right of diplomatic protection. Early efforts by the League of Nations and private bodies to codify the rules of "state responsibility" reflected the traditional focus on responsibility for injuries to aliens.〔See Y. Matsui, "The Transformation of the Law of State Responsibility" (1993) 20 ''Thesaurus Acroasium'' 1.〕 The League's 1930 Codification Conference in The Hague was able to reach an agreement only on "secondary" issues such as imputation, not on substantive rules regarding the treatment of aliens and their property. Attempts to codify and develop the rules of state responsibility have continued throughout the life of the United Nations. It took nearly 45 years, more than thirty reports, and extensive work by five Special Rapporteurs in order for the International Law Commission to reach agreement on the final text of the Draft Articles as a whole, with commentaries. At the same time, the customary international law of state responsibility concerning matters such as detention and physical ill-treatment of aliens and their right to a fair trial has been rendered less important than formerly by the development of international human rights law, which applies to all individuals, whether aliens or nationals. The concept of a general regime of legal responsibility, which the rules of state responsibility have taken on, is an inception of the civil law system and is largely foreign to the common law tradition. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「State responsibility」の詳細全文を読む スポンサード リンク
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