نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
This article deals with a comparative study of the concept and role of the element of time in the structure of international responsibility of states. First, the definitions and types of lapse of time in domestic and international law, including the lapse of time of rights and obligations and the lapse of time acquired, are analyzed and assessed. While the passage of time in cases such as land acquisition is not so clear, the prescription in matters of rights and obligations is also not so clear. The article discusses the philosophy of prescription and its impact on maintaining legal stability and order, and then examines the role of the element of time in determining the point at which a wrongful act is attributed to a State and the onset of international responsibility. By analyzing the decisions of the International Court of Justice and articles 12 to 15 of the International Law Commission's draft, especially article 13, it becomes clear that the obligation must be enforceable at the time of the act. The article also examines excuses such as consent, self-defense, force majeure, urgency and necessity and the key role of the element of time in them. In assessing the amount of damage and its compensation, time has a significant impact, especially in cases of delay and interest damages. In conclusion, it is concluded that although the limitation of time in international law is not yet an established institution, the element of time plays a fundamental role in all stages of the formation, justification and implementation of international responsibility, and its explanation goes beyond the traditional framework of limitation of time in law .
کلیدواژهها English