Loss of the Right to Invoke Responsibility: Is Latvia Losing its Right to Claim
This article reviews the effect that the passage of time has on the right to invoke international responsibility of states. Specifically, the article considers whether passage of a prolonged period of time results in a loss of that right. Customary international law as it is reflected in the Intern...
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| Format: | Article |
| Language: | English |
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University of Latvia Press
2022-09-01
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| Series: | Law: Journal of the University of Latvia |
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| Online Access: | https://journal.lu.lv/jull/article/view/184 |
| _version_ | 1797991882301636608 |
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| author | Edmunds Broks |
| author_facet | Edmunds Broks |
| author_sort | Edmunds Broks |
| collection | DOAJ |
| description |
This article reviews the effect that the passage of time has on the right to invoke international responsibility of states. Specifically, the article considers whether passage of a prolonged period of time results in a loss of that right. Customary international law as it is reflected in the International Law Commission’s 2001 Articles on Responsibility of States for Internationally Wrongful Acts sets out two circumstances when an injured state loses its right to invoke responsibility. The first, if the injured state validly waives the claim. The second, if the injured state validly acquiesces in the lapse of the claim. This Article reviews both of these grounds and enquires whether any one of them is applicable to Latvia’s compensation claim against Russia for Soviet occupation and damages suffered during the years of Soviet rule. It is suggested that Latvia has not waived its claim nor acquiesced in the lapse of the claim.
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| first_indexed | 2024-04-11T08:58:16Z |
| format | Article |
| id | doaj.art-53ab20e8e3594444871b20fce4d4fc3d |
| institution | Directory Open Access Journal |
| issn | 1691-7677 2592-9364 |
| language | English |
| last_indexed | 2024-04-11T08:58:16Z |
| publishDate | 2022-09-01 |
| publisher | University of Latvia Press |
| record_format | Article |
| series | Law: Journal of the University of Latvia |
| spelling | doaj.art-53ab20e8e3594444871b20fce4d4fc3d2022-12-22T04:32:53ZengUniversity of Latvia PressLaw: Journal of the University of Latvia1691-76772592-93642022-09-019Loss of the Right to Invoke Responsibility: Is Latvia Losing its Right to ClaimEdmunds Broks This article reviews the effect that the passage of time has on the right to invoke international responsibility of states. Specifically, the article considers whether passage of a prolonged period of time results in a loss of that right. Customary international law as it is reflected in the International Law Commission’s 2001 Articles on Responsibility of States for Internationally Wrongful Acts sets out two circumstances when an injured state loses its right to invoke responsibility. The first, if the injured state validly waives the claim. The second, if the injured state validly acquiesces in the lapse of the claim. This Article reviews both of these grounds and enquires whether any one of them is applicable to Latvia’s compensation claim against Russia for Soviet occupation and damages suffered during the years of Soviet rule. It is suggested that Latvia has not waived its claim nor acquiesced in the lapse of the claim. https://journal.lu.lv/jull/article/view/184international responsibility of statesinvocation of responsibilitywaiver of claimacquiescence in the lapse of the claim |
| spellingShingle | Edmunds Broks Loss of the Right to Invoke Responsibility: Is Latvia Losing its Right to Claim Law: Journal of the University of Latvia international responsibility of states invocation of responsibility waiver of claim acquiescence in the lapse of the claim |
| title | Loss of the Right to Invoke Responsibility: Is Latvia Losing its Right to Claim |
| title_full | Loss of the Right to Invoke Responsibility: Is Latvia Losing its Right to Claim |
| title_fullStr | Loss of the Right to Invoke Responsibility: Is Latvia Losing its Right to Claim |
| title_full_unstemmed | Loss of the Right to Invoke Responsibility: Is Latvia Losing its Right to Claim |
| title_short | Loss of the Right to Invoke Responsibility: Is Latvia Losing its Right to Claim |
| title_sort | loss of the right to invoke responsibility is latvia losing its right to claim |
| topic | international responsibility of states invocation of responsibility waiver of claim acquiescence in the lapse of the claim |
| url | https://journal.lu.lv/jull/article/view/184 |
| work_keys_str_mv | AT edmundsbroks lossoftherighttoinvokeresponsibilityislatvialosingitsrighttoclaim |