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Define the non-state actors
Besides the efforts of ILC in defining a link between the state responsibility and non-state actors, some UNSC resolutions have tried to define the non-state actors and the issues of the state responsibilities of their acts. UNSC Resolution 1540 on Weapons of Mass Destruction was passed under Chapter VII of Charter of the United Nations on 28 April 2004, which linked the Non-State Actors with a State.
This resolution defined a non-state actor as "individual or entity, not acting under the lawful authority of any State in conducting activities which come within the scope of this resolution." The preamble of the resolution also tries to define the non-state actors in the following manner: "Gravely concerned by the threat of terrorism and the risk that non-State actors such as those identified in the United Nations list established and maintained by the Committee established under Security Council resolution 1267 and those to whom resolution 1373 applies, may acquire, develop, traffic in or use nuclear, chemical and biological weapons and their means of delivery,.."
Both Sudan and the US are signatories to the "New York Convention." A Sudanese company has won its case in a Sudanese arbitration panel. The U.S. company has declined to pay this
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