STATE RESPONSIBILITY FOR THE CONDUCT OF STATE ORGANS IN INTERNATIONAL LAW Cover Image

RĂSPUNDEREA STATULUI PENTRU ACTELE ORGANELOR DE STAT ÎN DREPTUL INTERNAȚIONAL
STATE RESPONSIBILITY FOR THE CONDUCT OF STATE ORGANS IN INTERNATIONAL LAW

Author(s): Alexandru Cucu
Subject(s): Law, Constitution, Jurisprudence
Published by: Studia Universitatis Babes-Bolyai
Keywords: State responsibility; organs of a state; the three types of law; epistemic community; internationally wrongful act; attribution; primary rules; secondary rules; jus dispositivum; epistemic authority; direct responsibility; vicarious responsibility.

Summary/Abstract: State responsibility for the conduct of state organs in international law. The purpose of this paper is to describe briefly the issue of state responsibility in international law, with a special analysis of the situation of state responsibility for the conduct of state organs. This writing is an introduction to the study of international responsibility of states. In this work I tried to describe the shape of the subject in a general manner. I discussed also the problems of attribution of conduct of states organs to the state. I have tried to correlate the work of International Law Commission on state responsibility with the issue of authority. I exposed a critique of an author on the conception of state responsibility adopted by the ILC. The classic hypothesis in which the state responsibility is engaged it is for the conduct of it`s organs. I explained the meaning of the term organ in accordance with the view of ILC. In the end I attempted to make a connection of the ILC drafts on state responsibility for internationally wrongful acts and the three types of law described by Georg Schwarzenberger. Ideal types of law that could enable us to understand better a legal system.

  • Issue Year: 58/2013
  • Issue No: 3
  • Page Range: 84-111
  • Page Count: 28
  • Language: Romanian