Pages

Thursday, July 14, 2011

International Responsibility and Peaceful Settlement of Disputes

 Whenever the breach of any obligation under International Law causes damage,a new legal relationship arises between the State committing the illegal and the State injured thereby. the former becomes responsibility to the latter.
So there three elements of State responsibility:
1- an illegal act.
2- injury or damage.
3- link of causation between the act and the damage.
The Illegal Act
International responsibility can only arise as the result of the breach of an international obligation,whether of treaty.customary rules or general principle of law.the abuse of a right is to be assimilated to the breach of an obligation for this purpose.the breach may be act or an omission.
2- The Damage or Injury
An international person is entitled to reparation for any form of damage,whether material or moral to itself or those it is entitled to protect.
3- Causation
The link of causation between the Illegal Act and the Damage is inherent in the concept of responsibility,not only the direct but also the indirect.

The Peacful Settlement of Disputes
According to Article 33 of the Charter of the United Nations.the parties to any dispute,the continuance of which is likelyto endanger the maintenance of international peace and security,shall first for all,seek a solution by peaceful means.
the peaceful means are as fallow:
1-Diplomatic modes of settlement.
   a-Negotiation.
   b-Good offices and Mediation.
   c-Conciliation.
2-Judicial modes of settlement.
   a-Arbitration.
   b-International Court of Justice.
3-Settlement by the International Organisations.

No comments:

Post a Comment