Volume 26, Issue 95 ( fall 2021)
__Judicial Law Views __2012__, 26(__59__): __224177 |
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ziaee S, setayeshpur M. State Succession in respect of “Right to Reparation” in Jurisprudence of International Court of Justice. دیدگاههای حقوقی 2021; 26 (95) :161-177
URL: http://jlviews2.ujsas.ac.ir/article-1-1588-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1588-en.html
1- University of Qom
2- University of Qom , mohamadsetayehpur@yahoo.com
2- University of Qom , mohamadsetayehpur@yahoo.com
Abstract: (1070 Views)
Transferring right to reparation, as one of the consequences of succession of states, has always been debatable. International court of justice, meanwhile, has issued decisions which has consisted of the said issue in its proceedings, that is necessiating to revisiting them. The article in hands, explains the views of international court of justice (ICJ) on how the judicial organ of the united nations organization (UN), in three following cases considering slovakia, Nauru and Namibia (South West Africa), East Timor and occupied Palestine situations, has had the opportunity to making clarify the issue in question. It has taken a cautious approach not to intemprancing progressive development. The present paper has showed that judicial practice of this court, despite the said cautionary, has never confirmed the impossibility of transferring the right to reparation from a predecessor state to successor one. These aspects of practice of the said court are under discussion in this paper.
Keywords: International Court of Justice, Right to Reparation, State Succession, International Responsibility, Progressive Development of International Law.
Type of Study: Research |
Subject:
International Law
Received: 2019/04/04 | Revised: 2022/12/26 | Accepted: 2021/10/02 | Published: 2021/12/12 | ePublished: 2021/12/12
Received: 2019/04/04 | Revised: 2022/12/26 | Accepted: 2021/10/02 | Published: 2021/12/12 | ePublished: 2021/12/12
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