Journal article Open Access

Liability of the States under International Law

O.A. Stohnii

This article is devoted to the responsibility of the states under international law. It has the analysis of some peculiarities of this branch of the law in maintening of world order and peace. Particular attention is given to the work of the International Law Commission, and its impact on the development of the institute of international responsibility. Draft Articles on Responsibility of States for Internationally wrongful acts (2001) were analyzed. Also, the author studies a doctrine that illuminates some problematic issues of this fundamental institution. Bases and grounds for responsibility were determined. The objective and subjective prerequisites of bringing the state to international responsibility were analyzed. While considering the issue of sovereignty of the state it was determined that the will of the state is the main reason for violates international obligations. The main basis for international law responsibility is the ability of the state to choose its subjectively determined variant of conduct and then bear responsibility for such actions. Some attention has been paid to the questions of attribution, in other words to the appropriation of state and non-state actors to the state. The role of the International Court of Justice in terms of bringing states to responsibility was considered. The definition and contest of internationally wrongful acts were defined. The author also draws attention to circumstances precluding wrongfulness.

The development of international l responsibility of states and individuals is being traced, the norms of international law governing the responsibility of its subjects are examined. The author analyzed different sources of international law related to the liability and identified major issues of this branch of law. The basic goals and principles of international responsibility are not always accompanied by distinct ways, methods, and means of its implementation. The main problems that may arise in bringing subjects of international law to international legal liability are considered.

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