Philippine Bar review · Question

Practice question: State Responsibility

Multiple Choice Medium

Practice question

A State can perform an obligation but would incur greater expense than expected. No irresistible force or unforeseen event makes performance materially impossible. It invokes Article 23 solely because compliance is costly. Which is correct?
  1. Cost alone on these facts does not establish force majeure.
  2. Any expense automatically makes performance impossible.
  3. A budget preference overrides every obligation.
  4. Article 23 applies only to private contracts.
  5. Every rise in prices permanently terminates all treaties.

Legal references

  • ILC Articles on Responsibility of States for Internationally Wrongful Acts (2001), Articles 20, 23, 26-27 and 35-39: https://legal.un.org/ilc/texts/instruments/english/draft_articles/9_6_2001.pdf

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