Distribution of Reparation in the Context of International Shared Responsibility

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Ziaei Bigdeli Mohammadreza; Tarazi Nasrin

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Journal Paper

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Journal: INTERNATIONAL LAW REVIEW Year:2021 | Volume:- | Issue:63 Page(s): 29-50

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Information Journal Paper

Title

Distribution of Reparation in the Context of International Shared Responsibility

Author(s)

Ziaei Bigdeli Mohammadreza | Tarazi Nasrin | Issue Writer Certificate

Keywords

Distribution of reparationQ1

international shared responsibilityQ1

JointQ1

Several liabilityQ2

CausationQ1

independent responsibilityQ1

Abstract

Distribution of reparation in situations of shared responsibility has always been one of the main challenges of responsibility in international judicial proceedings. In all cases of shared responsibility, the question arises as to which entity is responsible and how responsibility should be distributed among several factors. The Draft Articles on Responsibility of States for Internationally Wrongful Acts (2001) and the Draft Articles on Responsibility of International Organizations (2011) provide only limited guidance on the Distribution of reparation. Likewise, the international jurisprudence has made brief references to the sharing of reparation among Joint agents. Distribution of reparation to Joint agents is done separately, taking into account the extent of the responsibility of each of the agents for causing harm and damage. Although, as defined by the International Law Commission, causality has no place among the constituent elements of an international wrongfulness, it is one of the main means of distributing compensation. Moreover, the analysis of the relationship between different instruments in different situations of shared responsibility can be found to have an effective role in the Distribution of reparation.

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APA: Copy

Ziaei Bigdeli, Mohammadreza, & Tarazi, Nasrin. (2021). Distribution of Reparation in the Context of International Shared Responsibility. INTERNATIONAL LAW REVIEW, -(63 ), 29-50. SID. https://sid.ir/paper/402828/en

Vancouver: Copy

Ziaei Bigdeli Mohammadreza, Tarazi Nasrin. Distribution of Reparation in the Context of International Shared Responsibility. INTERNATIONAL LAW REVIEW[Internet]. 2021;-(63 ):29-50. Available from: https://sid.ir/paper/402828/en

IEEE: Copy

Mohammadreza Ziaei Bigdeli, and Nasrin Tarazi, “Distribution of Reparation in the Context of International Shared Responsibility,” INTERNATIONAL LAW REVIEW, vol. -, no. 63 , pp. 29–50, 2021, [Online]. Available: https://sid.ir/paper/402828/en

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