Article 2 ARSIWA enumerates the TWO constitutive elements of an internationally wrongful act:
Answer & Solution
Correct answer: C.
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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