Implication of Scope of International Derived Responsibility: Comparative Study of Responsibility of States and International Organizations

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Haddady Mahdi; SETAYESHPUR MOHAMAD

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Journal: Journal of Comparative Law Year:2021 | Volume:8 | Issue:1 (15) Page(s): 1-24

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Information Journal Paper

Title

Implication of Scope of International Derived Responsibility: Comparative Study of Responsibility of States and International Organizations

Author(s)

Haddady Mahdi | SETAYESHPUR MOHAMAD | Issue Writer Certificate

Keywords

International Responsibility

Derived Responsibility

Secondary Responsibility

Indirect Responsibility

Abstract

Draft articles of International Law Commission (hereinafter ILC) on International Responsibility of States (2001) (ARSIWA) and International Organizations (2011) (ARIO) have considered responsibility for act of another party, called Derived Responsibility. Its scope is not clear enough, although being exclusive. In order to clarify the the scope of its application, the present article seeks to investigate the articles in the two said documents in connection with Derived Responsibility. Therefore, this will be dealt by comparative study of relevant articles in these two drafts. The comparative study of the two said drafts􀀃 shows􀀃 that, 􀀃 ‘ Aid􀀃 or􀀃 Assistance’ , 􀀃 ‘ Direction􀀃 and􀀃 Control’ , 􀀃 ‘ Coercion’ 􀀃 and􀀃 ‘ Circumvention’ 􀀃 hav􀀃 been􀀃 regarded as the for scenario in respect of international organizations and states, the both. In spite of the fact that the cirumvention the international obligation has not been mentioned in arsiwa (2001), is also applicable to states. Derived Responsibility in addition to the fundamental foundation of the law of International Responsibility (ie Derived Responsibility), may lead to justice in the exercise of responsibility.

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APA: Copy

Haddady, Mahdi, & SETAYESHPUR, MOHAMAD. (2021). Implication of Scope of International Derived Responsibility: Comparative Study of Responsibility of States and International Organizations. COMPARATIVE LAW (NAMEH-YE MOFID), 8(1 (15) ), 1-24. SID. https://sid.ir/paper/958521/en

Vancouver: Copy

Haddady Mahdi, SETAYESHPUR MOHAMAD. Implication of Scope of International Derived Responsibility: Comparative Study of Responsibility of States and International Organizations. COMPARATIVE LAW (NAMEH-YE MOFID)[Internet]. 2021;8(1 (15) ):1-24. Available from: https://sid.ir/paper/958521/en

IEEE: Copy

Mahdi Haddady, and MOHAMAD SETAYESHPUR, “Implication of Scope of International Derived Responsibility: Comparative Study of Responsibility of States and International Organizations,” COMPARATIVE LAW (NAMEH-YE MOFID), vol. 8, no. 1 (15) , pp. 1–24, 2021, [Online]. Available: https://sid.ir/paper/958521/en

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