نوع مقاله : مقاله پژوهشی
نویسنده
استادیار دانشگاه شهید بهشتی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The obligation of non-recognition is one of the most important consequences of a serious breach of peremptory norms in the law of State responsibility, as expressly provided for in Article 41 of the International Law Commission’s 2001 Draft Articles on Responsibility of States for Internationally Wrongful Acts. Despite the importance of this obligation in preventing the consolidation of the aforementioned unlawful situations, its scope and conditions of application remain subject to certain ambiguities. This study aims to elucidate the nature, scope, and conditions of application of the obligation of non-recognition and, while examining its substantive scope, addresses the question of whether non-recognition is contingent upon the prior determination of a breach by an international body. Based on an analytical examination of case law, doctrine, and State practice, the study finds that the obligation of non-recognition applies to serious breaches of all peremptory norms and is not contingent upon the prior determination of a breach by an international body. Accordingly, the obligation of non-recognition is general and automatic in nature and, as the minimum legal response of the international community to a serious breach of a peremptory norm, precludes States from recognizing or accepting the effects of an unlawful situation and thereby prevents its consolidation.
کلیدواژهها [English]
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