STATE RESPONSIBILITY IN INTERNATIONAL LAW
Journal Title: Вчені записки Таврійського національного університету імені В. І. Вернадського. Серія: Юридичні науки - Year 2017, Vol 28, Issue 2
Abstract
In article the author characterizes features of responsibility of the state for violation of international obligations according to the draft articles on responsibility of international organization, adopted by the International Law Commission. Also article characterizes his nature, marking that the basic failing is him eventual form, turns the special attention on application of counter-measures to international organizations and position in relation to subsidiary responsibility of states-members. Analysis of the judicial practice of the European Court of Human Rights and the European Court of Justice suggests to make a conclusion about two European human rights systems' coordination, as well as about the evolution of the international organizations law in the field of human rights protection. Thus, we can say that the human rights concept's formation in the European Union law had quite long and difficult way from the complete denial to the fundamental principle and necessary condition for the new members accession. In addition, today the human rights protection mechanisms' formation is still in motion. One of the most interesting aspects is the possibility for EU to join the European Convention on Human Rights - a procedure which had no analogue in the international law history. In the light of the entry into force of the Treaty of Lisbon, that amend the founding treaties of the European Union , the study of various aspects of European Union law, including the concept of human rights has become particularly important and is among the priorities, including Ukrainian legal science, as the European Union is one of the key strategic partners of Ukraine, and effective collaboration is possible only with a full understanding of the legal nature and the inner workings of a partner.
Authors and Affiliations
Г. П. Циверенко
Keywords
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