Document Type : Article
Prof,. Departmenetof Law, School of International Relations, Iranian Ministry of Foreign Affairs. Tehran, Iran
Ph.D Candidate of public International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
After World War II, Human Rights completely affected the International Legal System and brought major changes. One of the most important structural changes resulting from the emergence of human rights has been a major change in the system of International Responsibility of States. Traces of these changes can be found to the decisions of international courts and Draft articles on Responsibility of States for Internationally Wrongful Act adopted 2001. By examining these sources, three categories of changes in the system of international responsibility of states emerge; First is “change in the elements of international wrongful act”; Second is “change in the relation between offending and aggrieved states”; and third is “Reciprocal countermeasure by non-aggrieved states”. In the first case, solely the “breach of obligation” was sufficient to “determining of wrongful act” and on this basis “material damage” was removed from the constituent elements of “international wrongful act”. In second case, the mutual duality of the relationship between the offending and aggrieved states, in some cases, gave it position to the relationship between the offending state and the international community as a whole; and in third case, following the disappearance of the first two, the right to “reciprocal countermeasure by a non-aggrieved” emerged.
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Refrences In Persian:
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- B) Articles
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