G. State Responsibility

What is the principle of persistent objector?

When a State has continuously objected to a new customary norm at the time when it is yet in the process of formation, by such persistent objection the norm will not be applicable as against that state. (MAGALLONA) Persistent objection does not exempt a State from a peremptory norm of general international law (jus cogens). (International Law Commission, Draft Conclusions on Identification of Customary International Law, Conclusion 15; Vienna Convention on the Law of Treaties, Art. 53)

What are the duties of states?

• To carry out in good faith all its obligations;
• To refrain from recognizing territorial acquisition resulting from the threat or use of force in violation of international law;
• To refrain from assisting a State in an unlawful threat or use of force, and from assisting a State against which the UN is taking preventive or enforcement action
• To conduct its relations with other States in accordance with International Law
• To ensure that conditions prevailing in its territory do not menace international peace and order
• To refrain from the threat or use of force in violation of the UN Charter, without prejudice to lawful self-defense under Article 51 or Security Council-authorized measures under Article 42
• To treat all persons under its jurisdiction with respect for human rights and fundamental rights, without discrimination
• To refrain from intervening
• To settle its disputes with other States by peaceful means

2. INTERNATIONAL ORGANIZATIONS