CLASSICAL THE ORIES OF STATE FAULTIN THE INTERNATIONAL LAW
Journal Title: Правова держава - Year 2017, Vol 26, Issue
Abstract
The article examines the traditional theories concerning understanding of state fault in the international law –theory of subjective responsibility and theory of objective responsibility. According to the objective theory an internationally wrongful act of a State can occur as a result of a breach of an international obligation through an act or omission committed by State organs. There is no need to prove the existence of any additional psychological element. According to the fault theory in the case of the absence of any degree of fault on the part of the organ concerned, no internationally wrongful act could be attributed to the State. Arguments in support of these concepts are highlighted. The practice of international judicial bodies in support of both theories are analyses. It is proved that the fault as an obligatory element of an international-illegal act of a state is deemed legal only in the case when it is regulated by a concrete norms of the international law.
Authors and Affiliations
S. S. Аndreichenko
Keywords
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