Acta Universitatis Danubius. Juridica, Vol 6, No 1 (2010)
Some Reflections on the Liability of States for International Illicit Acts
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.
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