Research and Development in Public Law

Research and Development in Public Law

UN International Law Commission and the result of seventy years of efforts to compile the law of international responsibility

Document Type : Original Article

Author
Professor, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran
Abstract
In every legal system, the principles and rules of responsibility, which determine the legal consequences of violating other legal norms, are logically and inherently subordinate to those primary rules. This hierarchical relationship justifies the division of legal rules into primary and secondary categories. The law of international responsibility, forming the core of the secondary rules in international law, was initially addressed, though unsuccessfully, at the 1930 Hague Conference under the topic of state responsibility for damage to foreigners. After the establishment of the United Nations, this area received sustained and focused attention from the International Law Commission, which systematically compiled and developed the law through various draft texts. Although none of these drafts have yet become binding international treaties, the Commission’s success in framing, documenting, interpreting, and clarifying the principles and rules of international responsibility through its drafts is both clear and significant. The authoritative status of these drafts, particularly in scholarly doctrine, judicial decisions, and international arbitration, stands as strong evidence of the International Law Commission’s achievements in this field.
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