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International Liability For Damage System

Posted on:2007-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y P ChenFull Text:PDF
GTID:2206360185972324Subject:International law
Abstract/Summary:PDF Full Text Request
At present, science and technology in the world are making fast progress, which has brought about a global prosperous economy, however, at the same time, which has also resulted in danger and harm to the human world. And this has given birth to a new liability system----liability for international damage.In the new field, no final conclusion has yet been reached on such matters as nature, legal basis and so on. Therefore, this article approaches the problem of liability for international damage from the following aspects.Chapter One is "A New Field of State Liability" , in which Section One reviews the formation and development of liability for international damage (international liability for injurious consequences arising out of acts not prohibited by international law). Section Two is "Relation between Liability for International Damage and Traditional State Liability ". Between them, there are some distinct differences, but at the same time, close links as well, that is, liability for international damage is the supplement and further development to traditional state liability.And then comes Chapter Two " Legal Basis of Liability for International Damage" . In the respect of nature, it is pointed that liability for international damage is not the one for legal acts, and acts not prohibited by international law does not equal dangerous acts. In the respect of legal basis, viewpoints based on danger liability, non-fault liability, result liability or strict liability showed some characteristics of liability for international damage, but did not explain the legal basis clearly. In my opinion, its legal basis is also that the acts violate the duty of the principle of "not abuse of right" .Chapter 3 is "the System of International Damage" . Section One is "System of Prevention" .To prevent the damage from happening, the state must obey 8 obligations. Just like prevention, cooperation, announcement, consultation, and so on. Section Two is "System of...
Keywords/Search Tags:International
PDF Full Text Request
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