Volume 25, Issue 92 (winter 2021)                   __Judicial Law Views __2012__, 25(__59__): __224271 | Back to browse issues page

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Ziaee S Y, Roohani Z S. Legal Consequences of International Responsibility of State in Jurisprudence of International Court of Justice In The Light of Draft on Responsibility of States for Internationally Wrongful Acts, 2001. دیدگاه‌های حقوقی. 2021; 25 (92) :247-271
URL: http://jlviews.ujsas.ac.ir/article-1-1482-en.html
1- University of Qom , yaserziaee@gmail.com
2- University of Qom
Abstract:   (608 Views)
The State responsibility is consequence of the breach of international obligations by States. The international court of justice as a judicial organ of United Nations is one of the most important body for assessing responsibility of States. Referring to international jurisprudence, and especially ICJ precedents, The International Law Commission (ILC) enacted articles on State responsibility in 2001 namely “Draft articles on Responsibility of States for Internationally Wrongful Acts”. Thus the court’s judgments are relatively in accordance with ILC State responsibility draft after 2001.
One part of State responsibility draft is the concept or consequences of state responsibility dividing into three parts, including general rules (containing cessation and continued duty of performance and assurances and guarantees of non-repetition), reparation (containing restitution, compensation and satisfaction) and serious breach of Jus Cogens (containing not recognizing and non-cooperation with wrongful situation). Although ICJ jurisprudence is in conformity  with arrangements and concept of legal consequences mentioned in ILC draft, the court conduct is different with ILC approach in some instances such as simultaneous use of compensation methods and satisfaction, altering of compensation payment scope, and extension of scope of obligations in serious breach of Jus Cogens that should not be recognized. 
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Type of Study: Critical & Analisis | Subject: International Law
Received: 2018/12/07 | Revised: 2021/10/18 | Accepted: 2019/07/02 | Published: 2020/10/06 | ePublished: 2020/10/06

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