Abstract
The international liability of states does not have a consensual regulation, it is based on the perpetration by the state of an act that can be considered illegal, consisting in the violation of an international obligation, and in order to engage the international liability of states, it must be analyzed, in each concrete case, if the constitutive elements of the liability are met, starting with the existence or not of an international obligation for the state in question, but not in a normative framework as strict as in the case of the international criminal liability of individuals.
Highlights
The international liability of states does not have a consensual regulation, it is based on the perpetration by the state of an act that can be considered illegal, consisting in the violation of an international obligation, and in order to engage the international liability of states, it must be analyzed, in each concrete case, if the constitutive elements of the liability are met, starting with the existence or not of an international obligation for the state in question, but not in a normative framework as strict as in the case of the international criminal liability of individuals
The international liability of states does not have a consensual regulation, it is based on the perpetration by the state of an act that can be considered illegal, consisting in the violation of an international obligation, and in order to engage the international liability of states, it must be analysed, in each concrete case, if the constitutive elements of the liability are met, starting with the existence or not of an international obligation for the state in question but not in a normative framework as strict as in the case of the international criminal liability of individuals
The reason for this situation and the distinction between the two types of international liability may be the exceptional nature of the liability of the individual, but which can be engaged, in principle, only after expressing the agreement of will of states expressed in an international treaty defining the respective illegal acts and establishing the jurisdictional mechanisms for their sanctioning
Summary
The international liability of states does not have a consensual regulation, it is based on the perpetration by the state of an act that can be considered illegal, consisting in the violation of an international obligation, and in order to engage the international liability of states, it must be analyzed, in each concrete case, if the constitutive elements of the liability are met, starting with the existence or not of an international obligation for the state in question, but not in a normative framework as strict as in the case of the international criminal liability of individuals. The reason for this situation and the distinction between the two types of international liability may be the exceptional nature of the liability of the individual, but which can be engaged, in principle, only after expressing the agreement of will of states expressed in an international treaty defining the respective illegal acts and establishing the jurisdictional mechanisms for their sanctioning.
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