Some Reflections on the Liability of States
for International Illicit Acts
Some Reflections on the Liability of States
for International Illicit Acts
Author(s): Roxana Ifrim, Ion IfrimSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitară Danubius
Keywords: responsibility of states; imputability; fact illegal; principles; convention
Summary/Abstract: The authors aim to foray in the institution of international responsibility, addressing constituent issues of international responsibility. Accountability is the general international law which establishes a legal relationship exclusively between two or more subjects of international law. International responsibility of a state can only be driven by another subject of international law whose international subjective right he violated (breach). If a Member suffers an injury directly and immediately, he may apply directly responsible for such State to obtain reparation. Rather, the injury suffered by a particular breach (violation) of international law does not provide, thereby, as a victim to obtain redress in international courts. A state - and can attract international responsibility only if the author of an international fact illegal. There is a wrongful act of the state, where: a) conduct consisting of an action or omission may be attributed (imputed), in accordance with international law, rule, and b) that conduct constitutes a breach of an international obligation of the State. The doctrine generally recognized international scope of these two elements gives rise to international responsibility of the state.
Journal: Acta Universitatis Danubius. Juridica
- Issue Year: 6/2010
- Issue No: 1
- Page Range: 145-153
- Page Count: 9
- Language: English