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The International Responsibility System And Its Future Development Tendency.

Posted on:2008-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2166360215463127Subject:International Law
Abstract/Summary:PDF Full Text Request
After the long-term international practice, the international responsibility system has developed into one of the most important systems of international law. In modern international relationships, because of not only various countries' different procedures, but also there is no special international conventions to perform the standard regarding this in the international society, this important system became to extremely complex and there′s still many questions waiting for research. This article which starts with the definition and the inscape of the international responsibility, not only makes thorough analysis to the connotation of the international responsibility, but also makes suitable expatiation on the future development tendency of the international responsibility based on the cases about the international responsibility.The article is divided into four chapters, the main part of the text has approximately 30,000 words.The first chapter which constitutes two parts is dealt with the international responsibility and the principle of liability. The first part elaborates the definition and the inscape of the international responsibility, and compares the traditional state responsibility with the international responsibility, then the author definite the international responsibility after comparing the domestic legal liability with the international responsibility. The inscape of the international responsibility is divided into two elements to discuss by the traditional classification: the subjective and the objective element. The second part elaborates the principle of liability. The author spent a great deal of time illuminating the principle of fault in detail. While introducing the principle of fault cannot meet the need of the development of practice, the author believes that it is better to make the principle of fault and the strict liability principle as a whole.The second chapter deals with the legal basis of the international responsibility system, elaborates mainly from four areas: the related treaties, the declarations of the international organizations, the international jurisprudence, as well as the documents and judicial precedents of the regional organizations.Chapter 3 describes the basic content of the international responsibility, including three parts: first is the creation, the exemptions and the commitment of the international responsibility; second is the values of the international responsibility system, specifically, the value for the order and equality, as well as the value for the common interests of all human being.The fourth chapter is about the development trend of the international responsibility system. The author make appropriate expectation of the system′s development based on the success which the system has already achieved. The author also expatiate the responsibility of the international organizations which is also being discussed by the International Law Commission of the United Nations. At the same time, the author believes that there will be statues about the responsibility of the international organizations which established to meet the need of reality and the international organizations interests. In this chapter, the writer combines the practice of our government, refers to the cases of the international responsibility which our government managed. Obviously, the Chinese government is always complied with the international responsibility system, and in the future, our government could actively promote the development of the international responsibility system, particularly the development of the international organization responsibility law.
Keywords/Search Tags:International Responsibility, International Responsibility System, Responsibility of International Organization, Development Tendency
PDF Full Text Request
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