Examples of using Coercing state in English and their translations into Russian
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Official
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Colloquial
The coercing State does so with knowledge of the circumstances of the act.
The latter condition is not stated with regard to the coercing State.
The coercing State must of course have acted with knowledge of the circumstances.
We have no police force or means of coercing States to follow our orders.
The coercing State was the true perpetrator, for it was using another State as its tool.
The affected State should therefore be given an opportunity to obtain reparation from the coercing State.
The act[of the coercing State] will not for all that be identical with the act committed by the coerced State against a third State. .
International wrongfulness could result just as much,if not more so, from a violation of an obligation of the coercing State.
This requirement would seem to imply the existence of a"direct link" between the act of the coercing State and the act of the coerced international organization.
While the current text of article 27 only mentions the coerced international organization,this proposal would add a reference to the coercing State.
By contrast, in the case of coercion under article 28(2), the coercing State is the fons et origo of the conduct, and the coerced State is its instrument.
When there was constraint the wrongfulness resulted not only from the obligations of the coerced State butalso from the obligations of the coercing State.
In the case of coercion, on the other hand, the coercing State would be internationally responsible even where the act, had it been committed by the coercing State itself, was not wrongful.
The Special Rapporteur's view that there was no reason why article 28(2)should be limited to breaches of obligations by which the coercing State was bound was found unconvincing.
For the coercing State to be internationally responsible, article 28(2) requires that the wrongful act should have been committed“as the result of coercion exerted… to secure the commission of that act”.
In addition, it should be made clear that the provisions of Part IV are without prejudice to any other basis for establishing the responsibility of the assisting,directing or coercing State.
It seems difficult to understand why the fact of exercising coercion should come into reckoning in order to exonerate also the coercing State from an international responsibility which that State would otherwise incur.
In the Special Rapporteur's view, coercion for this purpose is nothing less than conduct which forces the will of the coerced State, giving it no effective choice butto comply with the wishes of the coercing State.
The reference to a coercing State has been replaced with that to an international organization; moreover, the coerced entity is not necessarily a State, but could also be an international organization.
Draft article 18 would seem to allow a State to coerce another State to commit an act which, although not wrongful for the coerced State, might well be wrongful for the coercing State.
In such a situation, the coercing State, while exerting"lawful coercion"-- in other words, engaging in conduct not prohibited per se by international law-- and while not being bound by the violated norm, would be internationally responsible under article 18.
Turning to the substance of paragraph(2), the commentary suggests that,despite the nature of coercion as a form of imposition of will on the part of the coercing State, nonetheless the act of the coerced State remains its own act.
The commentary to former article 28(2)made it clear that the coercing State had to be aware of the circumstances which would, but for the coercion, have entailed the wrongfulness of the coerced State's conduct, and although this requirement might be thought to be implicit in the notion of coercion to commit a wrongful act, it is now spelled out in the article.
Draft article 18 would seem to allow a State to coerce another State to commit an act which, although not wrongful for the coerced State, might well be wrongful for the coercing State.
In any event,the question was not whether a certain type of coercion was lawful or unlawful, but whether, if the coercing State was not under an obligation into which the coerced State had entered with other States, it should be held responsible for the breach of the obligation.
On the basis of the premise that a State may exert"lawful coercion",there could be a situation where a State exerting"lawful coercion" on a State caused it to violate a norm by which the coercing State was not bound.
Mr. Lindenmann(Switzerland), referring to the responsibility of international organizations, said that his delegation continued tohave doubts about draft article 27, which provided that the coercing State would be held responsible only if the organization that was being coerced breached one of its obligations.
It was suggested that proposed article 28 should be clarified so that the term"coercion" was not limited to the use of armed force, butextended to any contact, including economic pressure, that left the coerced State with no option but to comply with the desires of the coercing State. .
In the proposed article 28, on the responsibility of a State for coercion of another State, it should be clarified that the term“coercion” was not limited to the use of armed force, but extended to any contact, including economic pressure, that left the coerced State with no option butto comply with the desires of the coercing State.
According to the commentary to article 28 adopted on first reading, coercion is not necessarily limited to the threat of or use of armed force, andshould cover any action seriously limiting the freedom of decision of the State which suffers it- any measures making it extremely difficult for that State to act differently from what is required by the coercing State.