Succession of States in International Responsibility

Document Type : Original Article

Authors

1 Associate Professor of Beheshti University

2 PHD Student of International Law

Abstract

On the basis of a personal nature of wrongful act, every internationally wrongful act of a State entails the international responsibility of that State. This principle does not provide an appropriate response on the succession of States as to the international responsibility of the predecessor state. If the international responsibility to be forgotten because of absence of doer state, internationally wrongful act will be released without reparation and the right to reparation of injured state will be ignored. Current practice of states show that has been very limited application of the doctrine of non-succession in International Responsibility, but in some cases including existence of doer state (predecessor state) and even on the assumption that there is predecessor state, it is could also raised the subject of succession of States in international responsibility by the consent of the successor state, the nature of territoriality of wrongful act and the principle of unjust enrichment. with using norms of law and state practice in different types of succession of states, this Article is to Endeavour to Responses this main challenge whether international responsibility of predecessor state before the date of the succession has been transferred to the successor state?

Keywords

References

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Legal Research Quarterly
Volume 21, Issue 81
April 2018
Pages 315-336

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History

  • Receive Date: 26 November 2016
  • Accept Date: 07 August 2017

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