Journal articles on the topic 'International legal responsibility'
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1
Vagts, Detlev. "International Legal Ethics and Professional Responsibility." Proceedings of the ASIL Annual Meeting 92 (1998): 378–79. http://dx.doi.org/10.1017/s0272503700058304.
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Brölmann, Catherine. "Member States and International Legal Responsibility." International Organizations Law Review 12, no. 2 (April 27, 2015): 358–81. http://dx.doi.org/10.1163/15723747-01202005.
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The ‘institutional veil’ of international organizations is the linchpin for legal analysis and appraisal of the role and interrelation of international organizations, member States and organs. Through this lens the article examines in semi-broad strokes the position of international organizations’ member States in the legal framework of international responsibility, with reference to pertinent provisions in the ilc ario. This leads to the finding that in (the discourse on) the establishment of responsibility there are four possible legal contexts, which have the institutional veil of the organization work out in different ways: subsidiary responsibility of member States (the proverbial ‘piercing of the corporate veil’); the attribution of conduct to member States; the ‘attribution of responsibility’ to member States; and the bypassing of the institutional veil to establish independent responsibility of member States, which is then connected by a material link to the wrongful act of the organization or to the injurious circumstances originally at issue. While in the context of subsidiary responsibility the institutional veil can be seen as consistently impermeable since the 1980s Tin Council cases, in the context of attribution of conduct the institutional veil of organizations appears to be increasingly contested, engaged with and challenged for transparency.
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Omerović, Enis. "Damage in International Law: Precondition For State and International Organization Responsibility?" Društvene i humanističke studije (Online) 6, no. 3(16) (July 27, 2021): 381–408. http://dx.doi.org/10.51558/2490-3647.2021.6.3.381.
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The first chapter of the paper elaborates the question of whether one of the constitutive elements of the internationally wrongful act and a precondition for responsibility could be embodied in an existence of damage that has to be inflicted upon participants with international legal personality. In this regards legal doctrine, the arbitral awards, international judgments as well as the works of the UN International Law Commission will be examined, particularly the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the Draft Articles on the Responsibility of International Organisations from 2001 and 2011, respectively. An interesting question could be raised concerning the terms used in Law on Responsibility and that is whether there is a difference between damage, injury, and unlawful consequence. Punitive or penal damage and its application in Law on Responsibility will be further assessed. The author will begin its research with the definition of punitive damage, and will further take into consideration international legal doctrine, international arbitral awards, judicial decisions of international courts, decisions of various claims commissions as well as norms of general international law in supporting his hypothesis that international law does not entail reparations for punitive damages. One of the aims of this paper is to indicate the question of whether the existence of punitive damages in international law, if any, be linked to a legal nature of State and international organization responsibility, in the sense that application of punitive damages in international law would support the thesis on the very existence of criminal responsibility of the named subjects of international law? It is interesting to note that the criminal responsibility of states has been abandoned by the removal of Article 19 in the final Draft Articles on Responsibility of States.
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Mysak, O. I., O. M. Oliinyk, and H. M. Vakoliuk. "DOCTRINAL ASPECTS OF LEGAL RESPONSIBILITY AND INTERNATIONAL LEGAL RESPONSIBILITY AS ONE OF ITS TYPES." Juridical scientific and electronic journal, no. 12 (2021): 45–48. http://dx.doi.org/10.32782/2524-0374/2021-12/7.
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Zhukorska, Yaryna. "The modern concept of international legal responsibility." Aktual’ni problemi pravoznavstva 1, no. 3 (August 30, 2019): 36–40. http://dx.doi.org/10.35774/app2019.03.036.
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Krivenkova, Maria. "Legal Entities Entitled to Invoke International Responsibility." Journal of History Culture and Art Research 7, no. 4 (November 30, 2018): 146. http://dx.doi.org/10.7596/taksad.v7i4.1825.
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Cotler, Irwin. "Nazi war crimes—An international legal responsibility." Patterns of Prejudice 20, no. 4 (October 1986): 31–41. http://dx.doi.org/10.1080/0031322x.1986.9969877.
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Reike, Ruben, and Alex Bellamy. "The Responsibility to Protect and International Law." Global Responsibility to Protect 2, no. 3 (2010): 267–86. http://dx.doi.org/10.1163/187598410x500390.
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AbstractThe article evaluates the relationship between the Responsibility to Protect (RtoP) principle and international law. We argue that although the principle is best understood as a political commitment to implement already existing legal commitments, the RtoP is not devoid of legal content as some of its critics claim. The principle contains two sets of legal responsibilities. The first – responsibilities owed by a state towards its own population – are well-established customary principles in international law. The second – responsibilities owed by states to populations in other states – are much less well established. We argue that although RtoP does not in itself create new legal duties, states already have international legal responsibilities that relate directly to the principle's second pillar. Moreover, we identify the emergence of nascent legal thinking which suggests that a wider set of legal duties might emerge in the future.
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Loza, D. I. "Concepts and Elements of International Illegal Action of the State." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 399–405. http://dx.doi.org/10.33663/2524-017x-2022-13-63.
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The article examines the concept and elements of international illegal action of the state. Doctrinal approaches to defining the concept of internationally illegal action of the state are analyzed. The importance of codification and further development of international law in the field of responsibility of states for internationally wrongful acts is noted. It is noted that due to the systematization of doctrine and judicial practice in 2001 it was possible to substantiate the latest doctrinal definition of responsibility in international law for international illegal actions of the state, which found its implementation and enshrined in the Articles of UN Resolution 56/83 of 12 December 2001. The Articles on the Responsibility of States for Internationally Wrongful Acts stipulate that every State that has committed an internationally wrongful act is liable for it. The Articles define the elements of internationally illegal actions of the state. It is noted that an internationally wrongful act of a state occurs when any conduct constituting an act or omission is a) appropriated to a state under international law; and (b) constitutes a violation of that State’s international legal obligation. Thus, the illegal behavior of the state can be both active and inaction of the state. An important role in the preparation of the Articles belongs to the Commission on International Law. Thus, the modern doctrine of the state’s responsibility in international law for international illegal acts is based on the recognition of the state’s illegal behavior in violation of the international legal obligations of this state under international law. Therefore, the issues of international legal responsibility of states for internationally wrongful acts need to be enshrined in the Universal International Convention on the Liability of States for Internationally Wrongful Acts, which will contribute to the progressive development of the law of international responsibility. Key words: internationally illegal act of the state, responsibility of the state, International Law Commission.
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Miļūna, Ieva. "Latvian Tradition in State Responsibility." Baltic Yearbook of International Law Online 19, no. 1 (September 9, 2021): 8–26. http://dx.doi.org/10.1163/22115897_01901_003.
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This Chapter examines the role of the law of state responsibility in the practice of the Latvian State. The author elaborates on Latvian state creation and practice in the 1920s and 1930s which present a solid ground for the newly founded State’s participation in the legal affairs of the international community. Latvian state practice contributes to the law of state responsibility by elaborating on the concepts of rule of law, international wrongful acts and the necessity to comply with Latvia’s internationally binding legal obligations. Special attention is devoted to the concept of State continuity, and the author claims that in Latvian history the rules of state responsibility predetermined enforcement of the primary rules of state continuity. The author also examines the Latvian state practice since 1990 by examples, which show the application of international law and thus its normative effect as well as arguably refer to a violation of international law, thereby elaborating on the crucial functions of the rule of law.
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Grabovich, Tatiana. "INTERNATIONAL LEGAL ASPECTS OF ECONOMIC RESPONSIBILITIES OF STATES." Baltic Journal of Economic Studies 7, no. 5 (December 27, 2021): 250–59. http://dx.doi.org/10.30525/2256-0742/2021-7-5-250-259.
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The subject of the article is international legal aspects of economic responsibility of states. The aim of the article is to find an answer to the problematic issues of economic responsibility of states and its international legal aspects. Different concepts of economic responsibility are analyzed due to the lack of a unified approach to it both in economics and in related branches of law. It is noted that the institution of economic responsibility is designed to stabilize the relations of socio-economic development, the interests of participants in social exchange and to achieve the goals of sustainable development. From the international legal point of view of understanding economic responsibility, the state bears two types of responsibility – material (economic) and non-material (political). And international legal responsibility of the state is considered as an institution of the law of international responsibility. It is from this point of view the economic responsibility of the state is considered by international lawyers and specialists in the field of international relations. The methodology of the article is based on the fact that there are three basic mechanisms of liability – derivative of property rights, contracts, and torts. Contract law deals with breaches of duty, tort law deals with accidental or intentional injury to persons or property, and property law deals with misappropriation or interference with property rights. It is concluded that the state is the same economic entity in terms of economics as all equal economic entities. However, the applicability of the means of economic responsibility in the international legal aspect is complicated by the immunity of the state with regard to its property. Therefore, there are signs of liability not for all property, but only for that which has certain signs of applicability – use for commercial purposes, connection with the subject matter of the claim. In the aspect of economic responsibility, there is a distinction between immunity from jurisdiction and immunity from enforcement. The problem of differentiation of commercial and state property is outlined, attention is focused on the existence of certain categories of state property, the public nature of which is not in doubt and which are not considered possible for economic (property) responsibility for the conduct of diplomatic and consular activities of their missions, consulates, special missions, etc., whose immunity is enshrined in the Vienna Convention on Diplomatic Relations of 1961; military property, as well as property used for military purposes; property that is part of the cultural heritage of a foreign state or part of its archives, as well as property that is part of an exhibition of items of scientific, cultural or historical significance. It is also concluded that economic responsibility in international law is not always associated with the negative consequences of unlawful behavior, because it can also be applied as a result of lawful behavior, leading to the infliction of harm to other subjects. Thus, the economic responsibility of the state is on the verge of regulation of public and private law. This is its peculiarity and complexity of its application to the state.
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Quintana, Francisco-José, and Justina Uriburu. "Modest International Law: COVID-19, International Legal Responses, and Depoliticization." American Journal of International Law 114, no. 4 (October 2020): 687–97. http://dx.doi.org/10.1017/ajil.2020.65.
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AbstractIn this Essay, we analyze two sets of international legal responses to the COVID-19 pandemic: the academic discussion on state responsibility; and the deployment of international law as a tool for resistance. We argue that both approaches made significant contributions but concealed the role of the discipline in the production of the conditions that led to the pandemic and its unequal impact. These interventions reflect a “modest international law”; an understanding of the discipline that hinders change and is ethically weak. We contend that repoliticization can help reclaim international law's ambition and responsibility.
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Неклеёнова, Алла. "International legal regulation of responsibility for nuclear damage." Advances in Law Studies 3, no. 6 (December 28, 2015): 0. http://dx.doi.org/10.12737/16380.
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Awareness of the dangers connected with operation of nuclear installations induced the states to develop the measures of technical, legal character aimed at providing protection of life and health of the person from negative influence of radiation, guarantees of compensation of the damage caused as a result of nuclear incident. Special legal mechanisms of a civil liability for nuclear damage act on the international and national levels.
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McKeown, Ryder. "International law and its discontents: Exploring the dark sides of international law in International Relations." Review of International Studies 43, no. 3 (March 30, 2017): 430–52. http://dx.doi.org/10.1017/s0260210517000092.
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AbstractInternational law is generally considered to be a good thing. With important exceptions, such as Critical Legal Studies, scholarship in both International Relations (IR) and International Law (IL) reinforces this ‘nice law’ assumption and therefore overlooks or underestimates the law’s negative aspects. In contrast, this article assumes the power of international law to examine how international law can have effects that are unintended, unhelpful, or even perverse. In particular, I argue that international law distorts policy- and decision-making processes in liberal democracies by eroding personal responsibility and decreasing accountability; legal expertise and legal virtues crowd out important virtues of statecraft and prudence while shrinking our capacity for sophisticated moral and political thought; and an excessive focus on law can lead to suboptimal foreign policy outcomes. Rather than law being a bad thing per se, I examine the significant strategic and moral limits of international law. This raises the need to lower our expectations of international law, carefully examine the relationship between power and international law, and political responsibility and legal ethics, and more fully embrace our own personal responsibility. The article closes by suggesting a research programme on the dark sides of international law from various theoretical perspectives.
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Yakymchuk, N. Ya. "LEGAL BASES OF LEGAL RESPONSIBILITY OF TERRITORIAL COMMUNITIES." Analytical and Comparative Jurisprudence, no. 2 (July 6, 2021): 28–33. http://dx.doi.org/10.24144/2788-6018.2021.02.5.
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The article investigates the issue of legal principles of legal responsibility of territorial communities as individual subjects of law and legal relations. The approaches in science on issues of separating territorial communities as separate legal entities from local self-government bodies and their officials acting on behalf of such territorial communities are highlighted. It is emphasized that there is an urgent need to coordinate the provisions of various laws for this purpose. The issue of constitutional and legal principles of the legal status of territorial communities as owners as participants in civil and economic legal relations, the principles of their civil liability, the features of which are due to their public-legal status, are highlighted. The issues of public (municipal) responsibility of territorial communities are highlighted and especially attention to the issues of budget-legal responsibility of territorial communities, the objects of the property of the local budget may be applied to the measures of influence in the form of returning budget funds to the relevant budget in case of non-targeted use of funds Subviations, as well as in the form of an unconditional removal of funds from local budgets, if there was a place of expenditure, local budget lending, which in accordance with the Budget Code of Ukraine should be held from another budget. It is emphasized that an important aspect requiring detailed scientific analysis is also the issue of recognizing territorial communities of cities, subjects of responsibility to international financial organizations as a result of collecting budget borrowings in the form of loans. The issue of state immunity in such relations (including limited) is the subject of regulation of domestic and international law, but the immunity of territorial communities is a new direction of research. Also, today the issues discussed and in certain states have found a legal consolidation of the bankruptcy of territorial communities, which, as a negative of all sides of the legal phenomenon, should be prevented in Ukraine.
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d’Aspremont, Jean. "International Responsibility and the Constitution of Power." International Organizations Law Review 12, no. 2 (April 27, 2015): 382–400. http://dx.doi.org/10.1163/15723747-01202006.
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This article contests mainstream accounts of international responsibility and argues that the act of subjecting certain forms of conduct to the regime of international responsibility has a constitutive dimension. It argues that international responsibility constitutes, rather than constrains, power. More than legal personality, it is international responsibility that makes international organizations huge hubs of power. This article starts with some introductory remarks on the extent to which responsibility ought to be understood as a set of formal modes of legal reasoning through which the determination and allocation of the burden of compensation is debated, as well as a few reminders of the political choices that informed the design of its main formal modes of legal reasoning. After showing how the rules regarding the responsibility of States are constitutive of the power of States, attention turns to the claim that the regime of responsibility of international organizations similarly constitutes the power of international organizations and their member States. This article ends with some remarks on the divergent constitutive roles of personality and responsibility, and on the consequences of a shift in perspective from accountability to power in studies on international responsibility.
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Капустин, Анатолий, and Anatoliy Kapustin. "CONTENT OF INTERNATIONAL LEGAL RESPONSIBILITY IN WTO LAW: THE GENERAL PRINCIPLES AND APPROACHES." Journal of Foreign Legislation and Comparative Law 1, no. 6 (February 7, 2016): 0. http://dx.doi.org/10.12737/17173.
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The present article discusses the main features of the content of international legal responsibility of the law of the World Trade Organization (WTO). Analysis of the concept of “content” of international legal responsibility is based on the Draft articles on responsibility of states for internationally wrongful acts, prepared by the UN International Law Commission in 2001, as well as the differences in the conceptual underpinnings of the responsibility, which is held on the various speakers’ issue. The author shares the view that the specificity of the institute of responsibility in WTO law in comparison with the general international law (Draft of UN International Law Commission), can be explained in terms of the fact that WTO law serves a lex specialis in relation to general international law. Review and comparison of the provisions of the Draft of UN International Law Commission and the Dispute Settlement Understanding of the WTO has allowed to conclude that the philosophy of the basic principles of the content of the international responsibility in these documents are very close to or even in the ground is the same. The article investigated the basic concept of a “violation of obligations” in WTO law and obligations of the members of the organization to terminate the offense. It is concluded that in spite of the individual features of the implementation requirements to provide “assurances and guarantees” prohibiting further violations of the WTO agreements, in general, WTO law ensures compliance with the obligation to cease the wrongful conduct.
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Dumberry, Patrick. "Turkey's International Responsibility for Internationally Wrongful Acts Committed by the Ottoman Empire." Revue générale de droit 42, no. 2 (September 15, 2014): 561–89. http://dx.doi.org/10.7202/1026907ar.
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This paper examines the legal consequences of the commission by the Ottoman Empire of internationally wrongful acts, including acts of genocide, against the Armenian population during World War I. Specifically, the present paper examines the following question: can the modern State of Turkey (which was only officially proclaimed in 1923) be held responsible, under international law, for internationally wrongful acts committed by the Ottoman Empire before its disintegration? This paper first briefly examines whether Turkey should be considered, under international law, as the "continuing" State of the Ottoman Empire or whether it should instead be deemed as a "new" State, We will show that Turkey is, in legal terms, "identical" to the Ottoman Empire and is therefore "continuing" the international legal personality of the Empire. This paper will then focus on the legal consequences arising from this conclusion of continuity. Our analysis of past case law and State practice shows that both in the context of secession and of cession of territory, the continuing State continues to be held responsible for its own internationally wrongful acts committed before the date of succession. Accordingly, Turkey should be held responsible for all internationally wrongful acts committed by the Ottoman Empire.
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Курдюков, Геннадий, Gennadiy Kurdyukov, Мария Кешнер, and Mariya Keshner. "Correlation of Responsibility and Sanctions in International Law: Doctrinal Approaches." Journal of Russian Law 2, no. 9 (September 23, 2014): 103–15. http://dx.doi.org/10.12737/5506.
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The doctrine of international law lacks a clear estimate on the ratio of the international legal sanctions and international legal responsibility. This moment has been reflected in the variety of theories and views in the domestic and foreign literature. Based on the analysis of the international legal doctrine in the development, three main trends interpretation of international legal sanctions in connection with the problem of international responsibility. It is noted that the ratio of treatment embodiments investigated these legal phenomena blur the boundaries between sanctions and responsibility, preventing improved understanding of the nature of these institutions and the proper understanding of the role of each of them in the system of international regulation. Determined by the provisions of that properly take into account the features of international law and based on the trends of contemporary practice of international relations. Substantiates the necessity making a distinction between the forms of liability and international legal sanctions due not only theoretical but also practical considerations important to ensure that the international legal order. In conclusion, it seems necessary to further progress in the work of the International Law Commission on the codification of international responsibility issues and use of coercive measures.
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Gadirov, Javid. "Causal Responsibility in International Criminal Law." International Criminal Law Review 15, no. 5 (June 27, 2015): 970–87. http://dx.doi.org/10.1163/15718123-01505006.
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This article clarifies the factual basis for attributing causal responsibility in interpersonal causation scenarios in international criminal law. Such content is obliterated when explaining causal contributions in overdetermined and indeterministic harm scenarios. The resulting gap between individual agency and causal attribution is explained away by reference to values underlying legal liability (‘causal minimalism’). Probabilistic causal models can express causal influences in interpersonal causation scenarios, and explicate the objective basis of causal attribution. International Criminal Courts’ approaches to indirect and joint perpetration, as well as the notion of causal contribution in joint criminal enterprise are discussed in light of the existing approaches to testing causation in law, as well as with regard to Judea Pearl’s notion of causal sustenance. The article concludes that expressing causal contributions in language of probabilities can explain causal intuitions underlying legal liability better than supplanting factual basis of attributing responsibility with normative and policy justifications.
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Bradley, Martha M., and Aniel de Beer. "The Collective Responsibility of Organised Armed Groups for Sexual and Gender-Based Violence during a Non-International Armed Conflict." Stellenbosch Law Review 32, no. 1 (2021): 129–54. http://dx.doi.org/10.47348/slr/v32/i1a6.
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This contribution considers a possible legal framework for holding organised armed groups (“OAGs”) collectively responsible for acts of sexual and gender-based violence (“SGBV”) during non-international armed conflicts. It argues that a framework providing for collective as opposed to individual criminal responsibility of OAGs is essential. Certain sections of the Articles on the Responsibility of States for Internationally Wrongful Acts (“Articles on State Responsibility” or “ASR”) are used as a blueprint for achieving such a framework. In this regard, the concepts of international legal responsibility of OAGs, internationally wrongful acts and attribution are analysed in the context of crimes committed by OAGs. In conclusion, the article proposes future research in order to advance the prospect of collective claims and collective compensation for victims of SGBV.
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Ahlborn, Christiane. "The Rules of International Organizations and the Law of International Responsibility." International Organizations Law Review 8, no. 2 (2011): 397–482. http://dx.doi.org/10.1163/157237411x634970.
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AbstractThis paper discusses the role of the so-called 'rules of the organization' in the draft Articles on the Responsibility of International Organizations (ARIO), as adopted by the International Law Commission (ILC) on second reading in 2011. Although the rules of the organization occupy a central place in the ARIO, the ILC has decided not to take a “clear-cut view” on their legal nature as either international law or internal law of the organization. This paper argues that the ILC's indecision has left the ARIO with a fluctuating scope of application concerning various provisions such as the attribution of conduct, the breach of an international obligation, the obligation to make reparation, and countermeasures against an international organization. The term of art 'rules of the organization' was developed by the ILC in its work on the law of treaties but has rarely been addressed in legal scholarship. Part 1 therefore first examines the legal nature of the different components of the so-called 'rules of the organization': the constituent instruments, the acts, and the established practice of the organization. While the constituent instruments are contracts between States at the moment of the creation of an international organization, it will be contended that they also operate as constitutions during the life of the organization, giving it the autonomy to create internal law in force between the subjects of its legal order, including its member States. In analysing the ARIO on second reading, Part 2 accordingly suggests reconceiving the rules of the organization as 'internal law' of the organization as long as it functions effectively, so as to appropriately reflect its constitutional autonomy for purposes of international responsibility.
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Kavarma, S. R. "LEGAL RESPONSIBILITY IN INTERNATIONAL HUMANITARIAN LAW: TYPES AND FEATURES." Juridical scientific and electronic journal, no. 11 (2021): 805–8. http://dx.doi.org/10.32782/2524-0374/2021-11/204.
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Preradović, Gordana. "The international legal responsibility of states for climate change." Zbornik radova Pravnog fakulteta, Novi Sad 52, no. 3 (2018): 749–74. http://dx.doi.org/10.5937/zrpfns52-17811.
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Melnikov, Alexander G. "CURRENT ISSUES OF INTERNATIONAL LEGAL RESPONSIBILITY IN SPACE EXPLORATION." Bulletin of the Moscow State Regional University (Jurisprudence), no. 4 (2019): 18–25. http://dx.doi.org/10.18384/2310-6794-2019-4-18-25.
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Volosko, Yaryna. "Responsibility for the illegal labor migration: international legal grounds." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 2017, no. 861 (February 20, 2017): 241–45. http://dx.doi.org/10.23939/law2017.861.241.
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Paparinskis, Martins. "covid-19 Claims and the Law of International Responsibility." Journal of International Humanitarian Legal Studies 11, no. 2 (December 9, 2020): 311–30. http://dx.doi.org/10.1163/18781527-bja10014.
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Abstract This paper considers the role that the law of international responsibility, both State responsibility and responsibility of international organizations, plays in claims and disputes about covid-19. It proceeds by examining in turn the rubrics of the internationally wrongful act, content of responsibility, and implementation of responsibility. On most points, blackletter law is perfectly capable of answering the questions raised by claims related to covid-19. But evolutionary potential inherent in the normal international legal process should also be recognised, whether it manifests itself by further strengthening current rules, elaborating vague rules by application, filling gaps in current law by generating new practice or even, exceptionally, revisiting rules currently in force.
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Udvarhelyi, Bence. "Corporate responsibility for human rights violations." European Integration Studies 17, no. 1 (2021): 143–55. http://dx.doi.org/10.46941/2021.se1.143-155.
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The international legal liability of companies for human rights violations is a very current issue, since nowadays multinational and transnational corporations more and more frequently violate human rights. However, the establishment of the direct international legal liability of business actors for human rights violations is a long and difficult process. The present study seeks to analyse the efforts of the United Nations in this regard.
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CHEBAN, Viktoria. "TYPES AND FORMS OF INTERNATIONAL LEGAL RESPONSIBILITY OF THE INTERNATIONAL (INTERGOVERNMENTAL) ORGANIZATIONS." European Journal of Law and Public Administration 2, no. 3 (December 30, 2015): 25–35. http://dx.doi.org/10.18662/eljpa/2015.0203.03.
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Pak, Hui-Chol, Hye-Ryon Son, and Son-Kyong Jong. "Analysis on the Legal Nature of ‘Responsibility to Protect’." International Studies 57, no. 3 (June 20, 2020): 279–95. http://dx.doi.org/10.1177/0020881720926767.
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At present, some states are undertaking military interventions in different parts of the world, contending the ‘legitimacy’ of their i006Evocation of responsibility to protect civilians from a humanitarian crisis. Discussions at international forums concerning the concept of Responsibility to Protect (R2P) are inconclusive about its legal nature and application. While some scholars and states support the doctrine of R2P as being legitimate, others challenge or take a rather sceptical view. Divergent views seem to be originating from its incompatibilities with the rules of international law, including the Charter of the United Nations. What is controversial is that the supporters of R2P are mainly from the West, while objections to R2P are from developing countries mainly from West Asia or Africa. This raises concerns about the possibility of future applications of R2P in any of the countries in these regions or other developing countries. The article, analyses the legal nature of R2P in terms of the main principles of international law and other sources of international law and argues that the legitimacy and international legal effect of R2P are uncertain.
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Famil oğlu Əsədullayev, Ülvi. "International individual obligations and international responsibilities of individuals." SCIENTIFIC WORK 68, no. 07 (July 22, 2021): 84–89. http://dx.doi.org/10.36719/2663-4619/68/84-89.
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Depending on the state, an individual may not have the procedural capacity to appeal to the Court, but as a result of changes in the international community, they have gained the right to sue in international courts. This development is a factor that will be taken into account in all research on the international subjectivity of the individual. Key words: International individual obligations, legal sanctions, UN Charter, legal responsibility, international military tribunal
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Ruhaeni, Neni. "Direct International Responsibility of Non-Governmental Entities in The Utilization of Outer Space." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 01 (April 2020): 102–20. http://dx.doi.org/10.22304/pjih.v7n1.a6.
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Article VI of the Space Treaty of 1967 defines non-governmental entities as legal concept. However, their responsibility in space activities is not defined comprehensively. The Treaty provides that the activity of non-governmental entities shall require authorization and continuing supervision from the appropriate state party to the Treaty. It suggests that non-governmental entities essentially are not the parties with direct international responsibility for their space activities. In other words, they have indirect international responsibility. On the other hand, commercialization and privatization of outer space have taken place intensively in the last two decades. It designs non-governmental entities as main actors in the exploration of outer space. The fact that non-governmental entities only have indirect international responsibility may lead to create difficult and complicated mechanisms, especially if the non-governmental entities are Multinational Corporations (MNCs). This study uses normative legal research, which is based primarily on the secondary data from library research relate to the responsibility of non-governmental entities for their activities in outer space. This study concluded that non-governmental entities should bear direct international responsibility following the current development in international law, of which, non-state legal subjects such as individual have a direct international responsibility for violations of international law they have committed.
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Ruhaeni, Neni. "Direct International Responsibility of Non-Governmental Entities in The Utilization of Outer Space." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 01 (April 2020): 102–20. http://dx.doi.org/10.22304/pjih.v7n1.a6.
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Article VI of the Space Treaty of 1967 defines non-governmental entities as legal concept. However, their responsibility in space activities is not defined comprehensively. The Treaty provides that the activity of non-governmental entities shall require authorization and continuing supervision from the appropriate state party to the Treaty. It suggests that non-governmental entities essentially are not the parties with direct international responsibility for their space activities. In other words, they have indirect international responsibility. On the other hand, commercialization and privatization of outer space have taken place intensively in the last two decades. It designs non-governmental entities as main actors in the exploration of outer space. The fact that non-governmental entities only have indirect international responsibility may lead to create difficult and complicated mechanisms, especially if the non-governmental entities are Multinational Corporations (MNCs). This study uses normative legal research, which is based primarily on the secondary data from library research relate to the responsibility of non-governmental entities for their activities in outer space. This study concluded that non-governmental entities should bear direct international responsibility following the current development in international law, of which, non-state legal subjects such as individual have a direct international responsibility for violations of international law they have committed.
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Nollkaemper, André. "Internationally Wrongful Acts in Domestic Courts." American Journal of International Law 101, no. 4 (October 2007): 760–99. http://dx.doi.org/10.1017/s0002930000037714.
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This article explores the relevance of the law of international responsibility to the practice of domestic courts. In addition to proposing analytical distinctions that allow us to systematize and differentiate domestic case law pertaining to international responsibility, the article essentially advances three arguments. First, in certain circumstances domestic courts may find that a breach of an international obligation by the forum state constitutes an internationally wrongful act. Principles of international responsibility may be applicable to such a wrong. Second, domestic courts may contribute to the implementation of the international responsibility of states by ensuring that principles of cessation and reparation are given effect. Third, international law leaves much leeway to states and their courts in applying principles of international responsibility in a specific domestic legal and factual context. The application of such principles will be colored by their interaction with domestic law and will vary among states.
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Richmond, Sean. "Transferring Responsibility?" Asia-Pacific Journal on Human Rights and the Law 17, no. 2 (December 21, 2016): 240–56. http://dx.doi.org/10.1163/15718158-01702006.
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This article examines the influence and interpretation of international law in Australia’s policy and conduct regarding captured individuals during the recent Afghanistan Conflict. By critically analysing declassified government documents, Parliamentary statements, and original interview data with former Foreign Minister and Defence Minister Stephen Smith, I advance a two-pronged argument. First, contrary to what other sombre studies of the anti-torture norm might predict, Australia’s understanding of fundamental international legal rules pertaining to captured individuals in armed conflict – including the humane treatment principle and the prohibition on torture – helped regulate its policies and actions during the Afghan war. By regulate, the article posits that Australia’s policies and behaviour were governed or controlled in part by a felt sense of legal obligation among some key policy-makers. Second, like its allies Britain and Canada, Australia claimed it did not formally detain individuals during the initial years of the Afghanistan Conflict, even though it appears to have factually captured and transferred some people to United States (us) and Afghan authorities. As the war dragged on, and Australia’s troop contributions increased and local hostilities worsened, Australia – again like its allies – relied on detainee agreements and changed its conduct to try to protect captured individuals and transferees from abuse. Despite such agreements and changes, critics contend that transferred captives faced a significant risk of torture in Afghan jails, particularly those run by the country’s intelligence agency. This suggests that state and non-state views of what the prohibition on transferring to possible torture requires in practice are less settled than related shared understandings of other fundamental prisoner protections in international law and armed conflict.
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Malysheva, Nataliia. "Cybersecurity of space activities and the possibility of ensuring it by means of international law." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 245–57. http://dx.doi.org/10.33663/0869-2491-2021-32-245-257.
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The article deals with general theoretical and constitutional-legal issues of the formation and implementation of the constitutional-legal responsibility of the President of Ukraine. The relationship between the institution of constitutional and legal responsibility of the President of Ukraine and the problems of implementation of the Constitution and constitutional legislation, the formation of constitutionalism and the implementation of constitutional reform in Ukraine is investigated. The article analyzes modern legislative initiatives in the field of regulation of the institution of impeachment of the President of Ukraine. It is concluded that the correct understanding of the essential and functional-teleological characteristics of the constitutional and legal responsibility of the President of Ukraine depends on its functionality and efficiency. In general, positively assessing the adoption of a special Law of Ukraine "On the special procedure for removal of the President of Ukraine from office (impeachment)", we can conclude that it legalized for the first time at the legislative level the institution of constitutional and legal responsibility (by defining the concept of constitutional responsibility) and some legal features, principles, functions, features of the subject-object composition, revealing its essence and content as a type of legal responsibility, purpose in society and the state, as well as its place in the system of protection of the Constitution and constitutional order. On the other hand, attention should be paid to the overly complicated impeachment procedure, which in fact makes it impossible to implement the appropriate form of constitutional liability in practice. The procedural component of this Law, as well as many other legislative acts, which enshrine the relationship of constitutional and legal responsibility, is a significant shortcoming of native constitutional law. After all, the functionality and effectiveness of constitutional and legal responsibility in general, and such a subject of constitutional law as the President, depends not only on a proper understanding of its essential and substantive characteristics, but also primarily the quality of procedural and procedural support for its application.
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Barros, Ana Sofia. "Member States and the International Legal (Dis)order." International Organizations Law Review 12, no. 2 (April 27, 2015): 333–57. http://dx.doi.org/10.1163/15723747-01202004.
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This article looks into the role of member States as governors of international organizations and explores the legal constraints imposed thereof for the purposes of the establishment of international responsibility. At its foundation lies the quest for an international legal order that effectively protects the interests of those affected by institutional operations. To set the scene for the discussion, the article begins by noting that, in adhering to international organizations, (member) States retain sovereign powers which assume the crucial function of steering their oversight duties over institutional operations. Embracing a constitutionalist paradigm, the article moves on to show how the principles of representativeness and responsiveness inform member State conduct as creators and participants in institutional undertakings. The procedural implications of these principles in institutional contexts are subsequently explored by resorting to due diligence as a standard to evaluate member State behaviour and thereby implement member State responsibility.
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Borichev, Konstantin, Tatiana Radchenko, Alyona Moiseeva, and Olga Chasovnikova. "Countering International Terrorism: Problems of Criminal-Legal Qualification." Journal of Law and Sustainable Development 10, no. 1 (August 12, 2022): e0224. http://dx.doi.org/10.37497/sdgs.v10i1.224.
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Background: The relevance of the research topic is based on the scientific significance of a comprehensive review of the current problems of establishing and implementing criminal responsibility for organizing activities of an international terrorist organization and participating in its activities in the context of criminal law countering terrorist crimes and terrorism in general. Objective: problems of criminal responsibility for organizing the activities of an international terrorist organization which are manifested not only in the legislative reflection of the signs of such an organization and the corresponding elements of crimes but also in the doctrinal understanding of the relevant provisions of the legislation and the application of such in investigative and judicial practice. Methods: author used a complex of system, empirical and comparative methods. Results: The importance of scientific research of the legislative, theoretical and applied aspects of criminal responsibility for organizing the activities of an international terrorist organization and participation in the activities of such an organization is dictated by the need to further improve the system of measures to combat terrorism and its individual manifestations, the catalyst of which is the criminal activity of organized international terrorist associations, creating conditions for expanding the scope and increasing the public danger of international terrorist activities. Conclusions: The analysis of the aspects of international cooperation in the implementation of measures to combat terrorism is carried out. The article substantiates the need to implement international legal norms of an anti-terrorist nature in the national legislation in order to increase the interstate cooperation in the fight against terrorism
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LISITSA, Valeriy Nikolayevich. "Responsibility of a Host State in Transnational Investment Disputes." Journal of Advanced Research in Law and Economics 9, no. 1 (September 22, 2018): 139. http://dx.doi.org/10.14505//jarle.v9.1(31).18.
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The article seeks to define the legal nature of the responsibility of a host state in transnational investment disputes. It considers numerous rules (treaties, national law, customs, soft law, etc.) and their application within a domestic legal system to ensure the proper implementation of civil and other legal rights and obligations of host states and foreign investors. It is argued that the involvement of foreign investors and host states in international commercial arbitration, including the ICSID, and the application of international law (along with national law) as a legal ground for the payment of compensation, do not change the nature of the existing legal relationship between the parties of the investment dispute. The responsibility of the host state to the foreign investor expressed in the state’s obligation to pay damages (compensation) remains in the private, rather than international public law sphere. In conditions of lack of proper rules of investment law states should not stand aside from the present process of making such rules by non-state actors. This situation detracts from the treaty as a major source of international law, sometimes does not correspond to the interests of host states and moreover may threaten their sovereignty.
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Peters, Anne. "The security Council's Responsibility to Protect." International Organizations Law Review 8, no. 1 (2011): 15–54. http://dx.doi.org/10.1163/157237411x584075.
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AbstractThe objective of this paper is to spell out the legal consequences of the concept "responsibility to protect" (R2P), postulated as a binding legal principle of international law, for the Security Council and its members. The paper is a thought experiment, because the binding legal force of R2P is not settled. My argument is that, once R2P is accepted as a full-fledged legal principle, the Security Council (and its members) would be under a legal obligation to authorize or to take sufficiently robust action in R2P situations. The paper then discusses the problems engendered by the acceptance of such a material obligation and suggests a procedural obligation to justify inaction instead.
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Akulenko, Tetiana. "FEATURES OF RESPONSIBILITY FOR DOPING IN SPORTS: INTERNATIONAL LEGAL ASPECT." Entrepreneurship, Economy and Law 10 (2019): 208–13. http://dx.doi.org/10.32849/2663-5313/2019.10.36.
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Ottenhof, Reynald. "Criminal responsibility of minors in national and international legal order." Revue internationale de droit pénal 72, no. 3 (2001): 669. http://dx.doi.org/10.3917/ridp.723.0669.
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Ottenhof, Reynald. "Criminal responsibility of minors in national and international legal order." Revue internationale de droit pénal 75, no. 1 (2004): 51. http://dx.doi.org/10.3917/ridp.751.0051.
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Melnyk, J. "THEORETICAL AND LEGAL BASIS OF INTERNATIONAL ORGANIZATIONS POLITICAL RESPONSIBILITY APPLICATION." International Law Almanac, no. 27 (2022): 13–21. http://dx.doi.org/10.32841/ila.2022.27.02.
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Melnyk, J. "THEORETICAL AND LEGAL BASIS OF INTERNATIONAL ORGANIZATIONS POLITICAL RESPONSIBILITY APPLICATION." International Law Almanac, no. 27 (2022): 13–21. http://dx.doi.org/10.32841/ila.2021.27.02.
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Nollkaemper, André, Jean d’Aspremont, Christiane Ahlborn, Berenice Boutin, Nataša Nedeski, and Ilias Plakokefalos. "Guiding Principles on Shared Responsibility in International Law." European Journal of International Law 31, no. 1 (February 2020): 15–72. http://dx.doi.org/10.1093/ejil/chaa017.
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Abstract It is common in international practice that several states and/or international organizations contribute together to the indivisible injury of a third party. Examples thereof are aplenty in relation to climate change and other environmental disasters, joint military activities and cooperative actions aimed at stemming migration. Such situations are hardly captured by the existing rules of the law of international responsibility. In particular, the work of the International Law Commission, which is widely considered to provide authoritative guidance for legal questions of international responsibility, has little to offer. As a result, it is often very difficult, according to the existing rules of the law of international responsibility, to share responsibility and apportion reparation between the states and/or international organizations that contribute together to the indivisible injury of a third party. The Guiding Principles on Shared Responsibility in International Law seek to provide guidance to judges, practitioners and researchers when confronted with legal questions of shared responsibility of states and international organizations for their contribution to an indivisible injury of third parties. The Guiding Principles identify the conditions of shared responsibility (including questions of multiple attribution of conduct), the consequences of shared responsibility (notably, the possibility of joint and several liability) and the modes of implementation of shared responsibility. The Guiding Principles are of an interpretive nature. They build on the existing rules of the law of international responsibility and sometimes offer novel interpretations thereof. They also expand on those existing rules, backed by authoritative practice and scholarship, to address complex questions of shared responsibility.
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Романова, Вера. "To a question on the structure of the institute of legal responsibility of the state." Advances in Law Studies 5, no. 1 (March 31, 2017): 1–8. http://dx.doi.org/10.12737/20916.
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The article analyzes the structure of the legal responsibility institute of the state. The article reveals the peculiarities of legal regulation of constitutional, civil and international legal responsibility of the state.
The features of the subinstitute of constitutional responsibility of the State, which aims to ensure the inviolability of the principles of democracy and supremacy of the Constitution, as well as to protect the rights and freedoms of man and citizen are being shown. The author analyzed foreign experience of legal regulation of the legal responsibility of the state. The history of the formation and functioning of the procedure for impeachment of the Institute in the following countries: United States, United Kingdom, Denmark, Norway and the Federal Republic of Germany are expounded.
Also considered are the basics of civil responsibility of the state. According to para. 2, Art. 8 of the Constitution of the Russian Federation in the Russian Federation it is recognized and protected equally private, state, municipal and other forms of property. Equal protection of all forms of property means, in particular, establishing the inadmissibility of any exception regarding the property responsibility for individual subjects, including the state. On this basis, we analyzed the concept of functional and absolute immunity of foreign states. The main provisions of both international law and the Federal Law of 11.03.2015, № 297-FZ "On the jurisdictional immunities of foreign States and property of a foreign state in the Russian Federation." are reviewed.
The features of subinstitute of international legal responsibility of the state are investigated. It is generally known that one of the fundamental principles of contemporary international law is sovereignty. However, this principle does not indicate a lack of interaction and interdependence of the state, since no state can exist and develop in isolation from the world community.
The article was supported by the Russian Foundation for Humanities, the project № 16-33-00017 «A comprehensive, interdisciplinary institute of legal responsibility: the concept, structure, relationships and place in the legal system".
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Eyyubova, Mehriban Yu. "Fundamentals of international legal liability for damage caused by war crimes." Gosudarstvo i pravo, no. 4 (2022): 171. http://dx.doi.org/10.31857/s102694520019565-2.
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The article examines the problems associated with the international legal framework for bringing to responsibility for damage caused by war crimes. First of all, it should be noted that the use of force is required to hold states accountable during armed conflicts; the presence of an act of aggression; the existence of a violation of international humanitarian law and a violation or non-observance of human rights. With regard to international liability for damage caused to individuals in the course of international armed conflicts, it is necessary to determine which norms of international law are potentially violated and what is the legal basis for applying such liability to states.In its decisions, the International Court of Justice has repeatedly drawn attention to the obligation of states that have violated their obligations under international law to compensate for the damage caused by such violations. According to the draft articles on the responsibility of states, any international offense by a state entails the responsibility of those states to which the responsible state is obliged to provide full compensation for damage caused by an international offense.
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Mengjo, Keneth. "Dilemmas over individual and state responsibility for violations of international humanitarian law." Medjunarodni problemi 56, no. 4 (2004): 345–69. http://dx.doi.org/10.2298/medjp0404345m.
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This paper attempts an explanation to some of the complex legal issues surrounding the whole concept of responsibility for violations of international humanitarian law. The arguments here are based on reflections on the draft articles on the responsibility of states for the violations of international humanitarian law adopted by the international law commission as well as opinions of experts on the subject, treaties, conventions international jurisprudence, and internationally recognized principles and customs that govern conduct in armed conflicts so as to limit human suffering particularly of non combatants.
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Orakhelashvili, Alexander. "Responsibility and Immunities." International Organizations Law Review 11, no. 1 (December 2, 2014): 114–71. http://dx.doi.org/10.1163/15723747-01101005.
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Over the past couple of decades, the relative growth of the human-oriented element in the international legal system has been one of the defining characteristics of the process of its evolution. Rules, instruments, practices and institutions for protecting individuals in peacetime as well as during times of war keep multiplying and becoming more imperative. How does the law respond to underlying the dilemmas this presents: through developing a system of effective remedies, or by admitting and tolerating substantial gaps in accountability? The present contribution covers the law of the responsibility of international organizations and the multiple grounds of attribution under it, mainly focusing on the International Law Commission’s Draft Articles on the Responsibility of International Organizations and their applicability in practice. It also focuses on the immunities of international organizations, their sources and scope, and on the relationship between their competing or conflicting standards. There is more inter-dependence between the standards under the law of responsibility and those under the law of immunities than often meets the eye, and such inter-dependence is dictated by the orderly operation of both these branches of international law.