Proposition "Continuous Breach of International Obligation" in the perspective of International Law of Responsibility

Since most types of violations in international liability law are caused by continuous violations, and addressing this issue in terms of the inherent characteristics of this type of violation has very important consequences in the field of international liability law. Considering the important mission of the International Law Commission in the formulation and development of customary norms, the present research is based on the valuable studies of the commission, looking for the concept of continuous violation and matching it with the opinions of other thinkers in this field.

The research method in this research is descriptive-analytical, which was done by studying books, authoritative articles and reviewing some international documents.

Considering the continuity in violation of international obligations as reflected in the collection of articles of 2001, it can be known that, contrary to the opposite view, regardless of the time element regarding the existence of a continuous violation made a decision, in this division, a decision can only be made by considering the time factor in relation to the existence of a violation. The agency of time plays a role in this method in two ways. The first method is the time period that is considered outside of the time period of committing the violation; the continuation of the violation begins when this time period has passed and the second method is the time period that is considered with the time period of committing the act. Violation is one; the continuation of the violation begins with the commission of the violation.