جستجوی مقالات مرتبط با کلیدواژه "مسئولیت بین المللی دولت ها" در نشریات گروه "علوم سیاسی"

The concept of Erga Omnes obligations, because of protecting the fundamental values of the international community, are distinct from other obligations of their importance in general international law and contrary to bilateral and reciprocal obligations of classical international law, belong to all States and therefore all States have a legal interest in their protection. One of the key concepts that play an important role in the development of international law has been the concept of Erga Omnes obligations. These obligations are distinct from bilateral and reciprocal obligations of classical international law, and belong to all States and therefore all States have a legal interest in their protection. This article seeks to find answer to the following question: "What approaches can be applied to identify Erga Omnes obligations in the realm of international law?" The research explores two approaches to identifying Erga Omnes obligations in the realm of international law; first, according to the structural approach, non-bilateral obligations, the violation of which does not harm any particular stats, is considered Erga Omnes. Second, according to the material approach to identifying Erga Omnes obligations, an obligation will be considered an Erga Omnes when it has a material element, which is protecting the fundamental values of the international community. This approach can be find in the proceedings of the International Court of Justice. In material approach, Erga Omnes obligations can be identified through either Jus Cogens norms or dispositive norms (customary Erga Omnes obligations) of international law

since the start of fighting in syria since 1967 , western and arab countries supported the syrian rebels , which culminated in the recognition of the syrian opposition coalition on the other hand . with the advent of isis , a new chapter was started which is likely that western and arab countries do not support them for terrorist activity . however , the evidence shows that some countries support this takfiri flow . according to the population of islamic scholars in iraq , saudi arabia , saudi arabia , saudi arabia , egypt and libya are considered isil supporters . one of the u.s. treasuries also published the names of those supporting isil , which are generally from saudi arabia . but the best reference for recognizing countries supporting takfiri flow in the target countries of terrorist acts is that iraq , syria , iran and the lebanese hizbollah party . according to them , the government of isis , saudi arabia , qatar , turkey and zionist regime are the main supporters of isis . according to article 32 of the international responsibility plan , the international responsibility of the government is realized when the behavior , whether the action or omission of the verb , is under international law attributable to that state and is considered as a violation of the international obligation . so in order to investigate the liability these states , first the issue of assignment and then international violations will be investigated .

International relations has been witnessing of many Non –governmental players in the arena under the name of the Private Military and Security Companies (PMCs) in the recent decades. Their ever increasing growth and participation in Internal and international armed conflict have caused many problems. One of the most important of these problems is the determination of responsibility for unlawful activities of the PMSCs and ascertaining of the responsible state in this regards. The States have been divided into three groups; the state who employ the PMSCs, the state whom the PMSCs are national of it and the state which they play role in its territory. Now the problem is which state shall be responsible for unlawful activities of the PMSCs. This essay is going to ascertain due responsible for such acts based on valid International documents and regulations. Fortunately, there are two main internationally recognized documents; the Draft Articles on the Responsibility of States for Internationally Wrongful Acts ("Draft Articles") by the International Law Commission (ILC) in August 2001 and the Montreux Document which has been used by the author.

The expansion of recruitment and presence of Private military and security companies as emerging private factors in armed conflicts and crimes committed by these individuals have given rise to increasing concern about the challenges arising from this. What will be the necessity, is to establish responsibility of states connected to violator Private military and security companies based on the draft plan the responsibility of states and other rules of international law and explanation and transparent-building of the states’ international obligations, especially protecting and ensuring humanitarian international law during the time of carrying out operations and providing other forms of military and security services by Private military and security companies in order to further limitation of breaches and violation the rules of humanitarian international law