نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق، دانشکده علوم انسانی و اجتماعی، دانشگاه شمال، آمل، ایران.
کلیدواژهها
عنوان مقاله English
نویسنده English
This article provides a comparative examination of the concept and role of the time element within the structure of the international responsibility of States. Adopting an innovative approach, the study analyses the time element as a key axis in the structure of international responsibility, moving beyond the traditional conception of prescription as merely a procedural bar to the admissibility of claims. The primary objective is to elucidate the multifaceted role of time at all stages of the formation, attribution, justification, and reparation of international responsibility. Using a comparative-analytical method and examining the jurisprudence of the International Court of Justice (ICJ) as well as Articles 12 to 15 of the International Law Commission (ILC) Draft Articles on Responsibility of States for Internationally Wrongful Acts, the research demonstrates that time is not only significant in determining the moment of attribution of a wrongful act and the temporal compatibility of an obligation with an act, but also decisive in assessing circumstances precluding wrongfulness (force majeure, distress, necessity) and in calculating damages (delay and interest). The central finding of the research is that the time element constitutes a structural component in the architecture of international responsibility, defining the legitimacy, the invocation, and the limits of reparation. Consequently, despite the absence of a formally established institution of prescription in international law, the temporal dimension implicitly – yet fundamentally – shapes the entire process of implementing responsibility and ensures the stability and justice of the international legal system. Thus, while prescription is still not a well-established institution in international law, the time element plays a fundamental role in all stages of the formation, justification, and enforcement of international responsibility, and its explication extends beyond the traditional framework of prescription in law.
کلیدواژهها English
