STATE RESPONSIBILITY - A STUDY WITH RESPECT TO TREATMENT OF ALIENS
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DOI:
https://doi.org/10.55662/Keywords:
Codification, State Responsibility, Aliens, Ill-TreatmentAbstract
The laws on State responsibility are the principles governing when and how a State is held responsible for a breach of an international obligation. The law on State responsibility was not developed until recently. But the draft articles on responsibility of States for internationally wrongful acts were adopted by the International Law Commission (ILC) at its 53rd session in August 2001, on their second reading, and were then submitted to the Sixth Committee of the General Assembly. The General Assembly subsequently adopted Resolution 56/83 (12 December 2001) and took note of the articles and recommended them to the attention of the governments. Every State is under an international obligation not to ill-treat foreign nationals. State responsibility arising from ill-treatment is one of the commonest forms of responsibility that arises in international law today. Whether or not a State is internationally responsible for the way it treats foreigners depends on the standard of treatment which international law obliges that State to adopt. It is only, if the State falls below the standard, that it becomes internationally responsible.
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