Development of the concept of state responsibility in succession situations in the light of draft articles of the UN international law commission
INTRODUCTION. The article considers the concept of a succession of states with regard to the responsibility of states, which has become the subject of discussion by the UN International Law Commission and the preparation of the relevant draft articles. The author studies the methodology of consideri...
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| Format: | Article |
| Language: | English |
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Moscow State Institute of International Relations (MGIMO)
2020-03-01
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| Series: | Московский журнал международного права |
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| Online Access: | https://www.mjil.ru/jour/article/view/342 |
| _version_ | 1797291430383714304 |
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| author | M. V. Keshner |
| author_facet | M. V. Keshner |
| author_sort | M. V. Keshner |
| collection | DOAJ |
| description | INTRODUCTION. The article considers the concept of a succession of states with regard to the responsibility of states, which has become the subject of discussion by the UN International Law Commission and the preparation of the relevant draft articles. The author studies the methodology of considering the topic with a view to substantiating the idea of transferability of rights and obligations in the context of the responsibility of states, which is to a certain extent contradictory, due to the limited practice of states in this area. In this regard, questions are raised as to whether the new project can solve the problem of fill ing the gap between the regimes of state succession and state responsibility.MATERIALS AND METHODS. The author made a theoretical and empirical analysis of the main sources of international law, the materials of the work of the UN International Law Commission: reports of the special reporter on the succession of states regarding state responsibility, comments and observations of states, state practice, and the practice of international courts on the subject matter. Methodological foundation of research is composed by general scientific (analysis method, synthesis method, systems approach) and private-law methods of obtaining knowledge (formal legal, comparative legal).RESEARCH RESULTS. Based on the study, it is argued that the key ILC approach – the general rule of the lack of succession in respect of international responsibility is not absolute in nature, also contains potentially conflicting aspects. The author comes to the conclusion that the concept of transferability of rights and obligations in the context of state responsibility is to a certain extent contradictory, due to the limited practice of states in this area.DISCUSSION AND CONCLUSIONS. This article highlights a number of problematic aspects of the draft articles provisionally adopted by the Drafting Committee of the United Nations International Law Commission, as well as the proposed new draft articles in the regulation of specific categories of succession of States in respect of the obligations arising from responsibility. The author concludes that the norms formulated under the theme should take into account the complex legal regime of state responsibility for internationally wrongful acts, which differs from other regimes of succession. |
| first_indexed | 2024-03-07T19:36:43Z |
| format | Article |
| id | doaj.art-7f6928da148f4d729b4765169604d560 |
| institution | Directory Open Access Journal |
| issn | 0869-0049 2619-0893 |
| language | English |
| last_indexed | 2024-03-07T19:36:43Z |
| publishDate | 2020-03-01 |
| publisher | Moscow State Institute of International Relations (MGIMO) |
| record_format | Article |
| series | Московский журнал международного права |
| spelling | doaj.art-7f6928da148f4d729b4765169604d5602024-02-29T08:19:20ZengMoscow State Institute of International Relations (MGIMO)Московский журнал международного права0869-00492619-08932020-03-010411413210.24833/0869-0049-2019-4-114-132304Development of the concept of state responsibility in succession situations in the light of draft articles of the UN international law commissionM. V. Keshner0Kazan Federal UniversityINTRODUCTION. The article considers the concept of a succession of states with regard to the responsibility of states, which has become the subject of discussion by the UN International Law Commission and the preparation of the relevant draft articles. The author studies the methodology of considering the topic with a view to substantiating the idea of transferability of rights and obligations in the context of the responsibility of states, which is to a certain extent contradictory, due to the limited practice of states in this area. In this regard, questions are raised as to whether the new project can solve the problem of fill ing the gap between the regimes of state succession and state responsibility.MATERIALS AND METHODS. The author made a theoretical and empirical analysis of the main sources of international law, the materials of the work of the UN International Law Commission: reports of the special reporter on the succession of states regarding state responsibility, comments and observations of states, state practice, and the practice of international courts on the subject matter. Methodological foundation of research is composed by general scientific (analysis method, synthesis method, systems approach) and private-law methods of obtaining knowledge (formal legal, comparative legal).RESEARCH RESULTS. Based on the study, it is argued that the key ILC approach – the general rule of the lack of succession in respect of international responsibility is not absolute in nature, also contains potentially conflicting aspects. The author comes to the conclusion that the concept of transferability of rights and obligations in the context of state responsibility is to a certain extent contradictory, due to the limited practice of states in this area.DISCUSSION AND CONCLUSIONS. This article highlights a number of problematic aspects of the draft articles provisionally adopted by the Drafting Committee of the United Nations International Law Commission, as well as the proposed new draft articles in the regulation of specific categories of succession of States in respect of the obligations arising from responsibility. The author concludes that the norms formulated under the theme should take into account the complex legal regime of state responsibility for internationally wrongful acts, which differs from other regimes of succession.https://www.mjil.ru/jour/article/view/342state responsibilitysuccession of stateslegality of succession in relation to responsibilitygeneral rules on succession of states in respect of state responsibilityspecial categories of state succession to obligations from responsibilitycontinuing and completed breachesattribution of conduct |
| spellingShingle | M. V. Keshner Development of the concept of state responsibility in succession situations in the light of draft articles of the UN international law commission Московский журнал международного права state responsibility succession of states legality of succession in relation to responsibility general rules on succession of states in respect of state responsibility special categories of state succession to obligations from responsibility continuing and completed breaches attribution of conduct |
| title | Development of the concept of state responsibility in succession situations in the light of draft articles of the UN international law commission |
| title_full | Development of the concept of state responsibility in succession situations in the light of draft articles of the UN international law commission |
| title_fullStr | Development of the concept of state responsibility in succession situations in the light of draft articles of the UN international law commission |
| title_full_unstemmed | Development of the concept of state responsibility in succession situations in the light of draft articles of the UN international law commission |
| title_short | Development of the concept of state responsibility in succession situations in the light of draft articles of the UN international law commission |
| title_sort | development of the concept of state responsibility in succession situations in the light of draft articles of the un international law commission |
| topic | state responsibility succession of states legality of succession in relation to responsibility general rules on succession of states in respect of state responsibility special categories of state succession to obligations from responsibility continuing and completed breaches attribution of conduct |
| url | https://www.mjil.ru/jour/article/view/342 |
| work_keys_str_mv | AT mvkeshner developmentoftheconceptofstateresponsibilityinsuccessionsituationsinthelightofdraftarticlesoftheuninternationallawcommission |