Violation of the Obligation due to the Adoption of Inconsistent Domestic Law: Analysis of the Judgment of the International Court of Justice in the Case of Certain Iranian Assets
Faculty Member of the Institution for Research and Development in the Humanities (SAMT)
10.22066/cilamag.2024.2021675.2504
Abstract
According to the definition of the Draft Articles on the Responsibility of States for internationally Wrongful Acts adopted by the International Law Commission in 2001, breach of an obligation is a behavior inconsistent with the obligation of a state. With respect to the relevant provisions, the responsibility of the states consists of two elements: attribution and breach of obligation. Therefore, after assigning an action to a state, the definition and quality of the breach of an obligation is significant. The important point is that a state may take an action incompatible with its own international obligations in the form of domestic legislation, even without taking any practical action in line with the implementation of the said domestic law. The International Court of Justice has adopted a different point of view in the judgment of Certain Iranian Assets regarding the violation of the United States obligations arising from the 1955 Treaty of Amity.
Abedini, A. (2024). Violation of the Obligation due to the Adoption of Inconsistent Domestic Law: Analysis of the Judgment of the International Court of Justice in the Case of Certain Iranian Assets. International Law Review, (), -. doi: 10.22066/cilamag.2024.2021675.2504
MLA
Abdollah Abedini. "Violation of the Obligation due to the Adoption of Inconsistent Domestic Law: Analysis of the Judgment of the International Court of Justice in the Case of Certain Iranian Assets". International Law Review, , , 2024, -. doi: 10.22066/cilamag.2024.2021675.2504
HARVARD
Abedini, A. (2024). 'Violation of the Obligation due to the Adoption of Inconsistent Domestic Law: Analysis of the Judgment of the International Court of Justice in the Case of Certain Iranian Assets', International Law Review, (), pp. -. doi: 10.22066/cilamag.2024.2021675.2504
VANCOUVER
Abedini, A. Violation of the Obligation due to the Adoption of Inconsistent Domestic Law: Analysis of the Judgment of the International Court of Justice in the Case of Certain Iranian Assets. International Law Review, 2024; (): -. doi: 10.22066/cilamag.2024.2021675.2504
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