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Question

Legal Studies Question on Public International Law

“It cannot be concluded from the mere fact of the control exercised by a State over its territory and waters that state necessarily knew, or ought to have known, of any unlawful act perpetrated therein, nor yet that it necessarily knew, or should have known, the authors. The fact, by itself and apart from other circumstances, neither involves prima facie responsibility nor shift the burden of proof.” The above endorsement of fault theory of state responsibility was delivered by the ICJ in which of the following cases ?

A

LFH Neer and Pauline Neer v. United Mexican States (1926)

B

Nicaragua v. United States, (1984)

C

United Kingdom v. Albania, (1949)

D

Hungary v. Slovakia, (1997)

Answer

United Kingdom v. Albania, (1949)

Explanation

Solution

The correct option is (C):United Kingdom v. Albania, (1949) .