Article 2 ARSIWA enumerates the TWO constitutive elements of an internationally wrongful act:
Aonly fault and damage, with no other elements (cf. ARSIWA 2001, Article 2) (cf. ARSIWA 2001, Article 2) (cf. ARSIWA 2001, Article 2)
Bonly the breach without attribution, in any case (cf. ARSIWA 2001, Article 2) (cf. ARSIWA 2001, Article 2) (cf. ARSIWA 2001, Article 2)
Cthe conduct is ATTRIBUTABLE TO THE STATE under international law; AND (b) the conduct constitutes a BREACH of an international obligation of the State
Donly the fault of the highest officials of the State (cf. ARSIWA 2001, Article 2) (cf. ARSIWA 2001, Article 2) (cf. ARSIWA 2001, Article 2)
Answer & Solution
Correct answer: C. the conduct is ATTRIBUTABLE TO THE STATE under international law; AND (b) the conduct constitutes a BREACH of an international obligation of the State
1. Article 2 ARSIWA: 'There is an internationally wrongful act of a State when conduct consisting of an action or omission: (a) is attributable to the State under international law; and (b) constitutes a breach of an international obligation of the State.'
2. Two constitutive elements: (a) ATTRIBUTION (subjective element); (b) BREACH (objective element).
3. Articles 4-11 ARSIWA enumerate rules of attribution (organs, persons exercising governmental authority, etc.).
4. Articles 12-15 ARSIWA address the existence of a breach.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / ICJ Statute / ARSIWA 2001 — ARSIWA 2001, Article 2_
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