جستجوی مقالات مرتبط با کلیدواژه « پیامدهای جانشینی » در نشریات گروه « فقه و حقوق »

Succession of states to obligations resulting from international wrongful acts is related to the broader topic of succession to international responsibility about which there are very different opinions. Applying a descriptive-analytical method, the present paper is seeking to explain the basis of state succession to obligations in respect of international wrongful acts. Moreover, it explains the principles of non-transmission and of continuance which the advocates of non-succession have relied on. In spite of all the dissenting opinions, especially in classical scholarship, this article comes to the conclusion that there are no impediments in international law to prevent the transfer of obligations in respect of international wrongful acts. Scrutinizing this proposition is the subject of the present paper.

Transferring right to reparation as a legal consequence of a state succession in public international law, regardless of how and the way the related succession has been occurred, has always been in dispute and controversial issue. Following the state succession, the issue of succession of states in respect of right to reparation, in the ways are allowed in public international law, seeks to scrutinize the feasibility of transferring such rights. Studying a conceptual framework of the conception in question in view of public international law, the present paper looking over opinions in favour of it and opposite views. At last, it concludes that transferring of the responsibility to the right to reparation in respect of succession of states should be disregarding of absoluteness and as a result of that, succession of states in respect of the right to reparation  has been necessitated in international law which is necessary to achieveing justice and it represents a conceptual evolution in this human knowledge.