| Article | Approach to Understanding the Concept of «State Fault» in International Law |
|---|---|
| Authors |
Andreychenko S.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 11 / 2015 |
| Pages | 126 - 133 |
| Annotation | Because of the fact that classical theories regarding guilt of state in international law — the theory of strict liability (strict liability) and the subjective theory of liability (fault responsibility) — do not provide a solution to all issues related to guilt in the area of international responsibility, international and legal doctrine and practice produced an eclectic approach to fault in international law, based on the specific content of the primary rules which are violated by internationally wrongful act, and not on the secondary rules which define in general the elements and conditions of State responsibility for wrongful acts. The article makes a distinction between primary and secondary rules of international law in the context of the question of international responsibility of the State, investigates the benefits of this difference in practice. Attention is focused on the interpretation of international norms of international judicial bodies and its role for the establishment of the international responsibility of the State. |
| Keywords | international responsibility, state fault, eclectic approach, primary and secondaryrules in international law, International Law Commission. |
| References | |
| Electronic version | Download |