Philippine Bar review · Question

Practice question: State Responsibility

Multiple Choice Hard

Practice question

An applicable circumstance precluding wrongfulness is established for a temporary disruption. When it ends, the State argues that Article 27 permanently extinguishes the obligation and forecloses even consideration of material-loss compensation. What is correct?
  1. Every temporary defense cancels the obligation permanently
  2. Article 27 preserves resumed compliance when the circumstance ends and leaves the material-loss compensation question without prejudice.
  3. Compensation is automatically impossible in every defense case
  4. The State may ignore the obligation forever
  5. Article 27 concerns only book publication

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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