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Study Of Anti-terrorism Issues Of State Responsibility

Posted on:2011-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:W T XuFull Text:PDF
GTID:2206360305498077Subject:Law
Abstract/Summary:PDF Full Text Request
Since 9.11 event,terrorism has been spreading and anti-terrorism has been developing worldwide. There are many of such outstanding international legal problems in the current anti-terrorism,especially the problem of responsibility of states. The ILC's Articles on Responsibility of States for Internationally Wrongfully Acts,adopted by General Assembly resolution 56/83 of 12 December 2001,regulates the internationally wrongful act of a state and circumstances precluding wrongfulness as well as content and invocation of the international responsibility of states.The Articles is the collection of research achievements on responsibility of states of ILC over the last several decades and provides a greatly valuable material for solving problems of internationally wrongful acts of state in anti-terrorism and claiming responsibilities of relevant states. Although it is still a draft, the basic principle concerning state responsibility can be seen as customary international law which is legally binding on states.This thesis is composed of three chapters. It believes that "responsibility results from obligation".To study state responsibility in anti-terrorism, it's necessary for us to research state obligation in anti-terrorism firstly, which includes basic obligation arising from basic principle of international law and special obligation stipulated by conventions and treaties.There are many such important problems of state responsibility in anti-terrorism as need to be clarified in order to guide the practice more effectively.Besides elements and the content, the exemption and the implementation of responsibility of states are worthy of being summarized with systematical review.In practice,more attention must be paid to that what kinds of conducts should be attributed to a state and that whether self-defence can be a circumstance precluding wrongfulness of the conduct of attacking another state or attacking terrorists inside its territory without permission.Moreover,there is no right of judicial jurisdiction for a state to another because of sovereign equality. So it's of great practice guidance significance that making sure how to guarantee the implementation of responsibility of states.These problems are so important that it is urgent for us to do a deep thought and research into them.
Keywords/Search Tags:terrorism, state responsibility, self-defense
PDF Full Text Request
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