Eishan Jan, Mohammad Naqib and Ahmad, Muhamad Hassan and Ali Mohamed, Ashgar Ali (2025) Torts in public international law. In: Law of torts in Malaysia. CLJ Malaysia Sdn. Bhd., Selangor, Malaysia, pp. 792-822. ISBN 978-967-457-200-6
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Abstract
Akin to the torts and civil wrongs committed by individuals against each other in a domestic society, which can result in the wrongdoers being held responsible for their actions, States are also responsible for any international wrongful acts they may have committed against other States. Under international law, States are responsible to each other for the violation of international law and non-observance of the obligations imposed by international law. A State may incur liability if it violates a rule of customary international law, ignores its obligation under a treaty,1 or causes injury to nationals of other State or their property. In other words, a breach of an international obligation is an international wrong that entails responsibility.2 Basically, the law of State responsibility concerns itself with the determination of whether there is a “wrongful act” attributable to the State, whether such wrongful act constitutes a “breach of an international legal obligation” in force for that State, whether there is any “justification” for such wrongful act of that State, and whether there is any “legal consequence” of such wrongful act. This law is primarily based on customary international law, which the International Law Commission (ILC) has attempted to codify with the aim of bringing certainty to the law. Since the law on State responsibility is primarily based on customary international law, the International Law Commission (ILC) codified relevant customary rules with the intention to bring certainty to the law and submitted a draft code to the UN General Assembly called “Articles on the Responsibility of States for Internationally Wrongful Acts 2001” (ARSIWA) which was later formally adopted by the General Assembly.3 The ARSIWA covers topics such as attributing conduct to the State; defining when there has been a breach of international law and the excuses or justifications for breaches; reparation for injuries, and the rules relating to the implementation of responsibility.
| Item Type: | Book Chapter |
|---|---|
| Uncontrolled Keywords: | Torts, public international law, responsibility of states, ARSIWA |
| Subjects: | K Law > K Law (General) K Law > K623 Civil Law |
| Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Ahmad Ibrahim Kulliyyah of Laws |
| Depositing User: | Prof.Dr. Mohammad Naqib Eishan Jan |
| Date Deposited: | 15 May 2026 15:19 |
| Last Modified: | 15 May 2026 15:19 |
| Queue Number: | 2026-05-Q3316 |
| URI: | http://irep.iium.edu.my/id/eprint/128947 |
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