DoktoraAçık Erişim

The responsibility of the staes for breaches of obligations under peremptory norms of International Law

2011
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Danışman: Prof. Dr. Enver Bozkurt

Özet (EN)

The subject of State responsibility was one of topic to progressive development of international law and its codification selected by International Law Commisssion. Commission started to work relating to the issue at 1949. Draft Articles, as namely Final Text, were approved by General Assembly of the United Nations at 2001. The continued duty of performance, cessation and non-repetition , reparation as legal consequences of an internationally wrongful act regulated in the Final Text. In addition of these to serious breaches of obligations under peremptory norms of general international law constituted obligations of cooperate to bring to an end through lawful means any serious breach, recognize as lawful a situation created by a serious breach and no render aid or assistance in maintaining a situation created by a serious breach.In this thesis argued that international responsibility evolved along with international law, were recognized notions as international community, international public order, hierarchy of norms and the functions of responsibility were added protection of international law as well. Therefore, the consequences of the serious breaches of obligations under peremptory norms of general international law are insufficient because all states also obligate being cooperate to bring to an end through lawful means, recognize as lawful a situation created and no render aid or assistance in maintaining a situation created in breaches of ordinary norms of international law . This thesis has supported that responsible state, to be hold for serious breaches of obligations under peremptory norms of general international law, has no any liability in Final Text. The rights of taken measures and invocation of responsibility by a State other than an injured State have no occured for dissenting conviction in implementation of the international responsibility. In this Thesis, International community, international public order and theories of responsibility were analyzed and was concluded that state responsibility is character of sui generis.

Yazar

Ümmühan Elçin Ertuğrul

Bu Yayına Nasıl Atıf Yapılır

Ümmühan Elçin Ertuğrul (Doctorate thesis). The responsibility of the staes for breaches of obligations under peremptory norms of International Law, 2011, Gazi University.

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