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Some aspects regarding the responsibility of States in International Law


Author: Dumitru Popa
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2005
Scientific adviser: Alexandru Burian
doctor habilitat, professor, Institute of History of the ASM
Institution:
Scientific council:

Status

The thesis was presented on the 26 March, 2005
Approved by NCAA on the 23 June, 2005

Abstract

Adobe PDF document – 0.19 Mb / in romanian

Keywords

international responsibility, international principles, international legality, international illicit fact, international criminal offence, international harms, international organization, international aggression, breaking of international law, mutual assistance, international security, bilateral treaty, codification of the international rules, objective responsibility of the State, international litigation, international sanctions

Summary

International responsibility has a special importance in the determination of methods by which States carry out the obligations included in the international law documents. The goal of the research consists in multi-sided analysis of the complexity and means of application of International responsibility in the International Law system, determining present-day tendencies of improvement of legal relations and significant elements in the organization and the realization of the responsibility.

International responsibility being conceived as States responsibility has been extended over other actors of the international relations. The codification of rules in the international sector is very important for the relations who aim at the international conflicts solving, and through the adoption of more conventions and proceedings a harmonization of this institution was possible.

Legal foundation of the international responsibility proceeds from norms and obligations deriving from the international law, and respectively, from treaties, conventions and other documents with obligatory character among contracting States. States engage their responsibility as soon as the treaty is ratified, taking upon themselves engagements, and falling under incidence of some sanctions in case of inobservance.

As a juridical instrument in the realization of international cooperation, the international treaty has a subjective character and distinguishes itself through its content identification with the will of subscriber. Negotiations and mediations offer a pack of methods for the satisfaction of an international obligation, especially, the solving in a peaceful way of the international differences. The international responsibility, rules of behavior and the insurance of their observance, represents an essential factor of the stability in the political and diplomatic relations between States and their putting into practice contributes to fixing on solid base of the international relations, aiming at a better cooperation at an international level.