Document Type : Article
Authors
1 Associate Professor, Department of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
2 Student in International Law, Department of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Abstract
The International Law Commission (ILC), in its draft articles on the responsibility of international organizations, has developed the exceptional rule of "responsibility in relation to the acts of another legal entity" by introducing new articles. As a result of this development, the number of situations in which a state or international organization can be held responsible for the wrongful acts of another, has expanded. This paper seeks to answer the question of what will be the implications of expanding various realizable situations under "responsibility in relation to the wrongful acts of another"? The hypothesis of this research is that the increase in situations will impact the overall theory of "responsibility in relation to the wrongful acts of another," but it will not facilitate the practical possibility of holding organizations and states accountable for the actions of others. The findings of this paper will demonstrate that, in theoretical terms, the coherence that existed in the draft regarding the responsibility of states for various situations of responsibility in relation to the wrongful acts of another has been lost with the formulation of new articles in the ILC’s 2011 draft articles. Additionally, in practical terms, despite dedicating nine articles to this type of responsibility in the said draft, the likelihood of utilizing the articles developed by the Commission does not seem very high, and their formulation has not made a difference in practice.
Keywords
- International Law Commission
- international responsibility
- responsibility in connection with the act of States
- responsibility in connection with the conduct of international organizations
- wrongful act.
Main Subjects
Enlgish
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