Individual litigation based on the international responsibility of the government

Document Type : Original Article

Authors

1 Student of Public International Law, Hamadan Azad University, Hamadan, Iran

2 Assistant Professor, Doctor of Public Law, International Trend, Hamadan Azad University, Hamadan, Iran

3 Assistant Professor of International Law, General Trend, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran

10.30510/psi.2021.316710.2687

Abstract

States are required to comply with their international obligations under international instruments. Violation of international law by the state leads to its international responsibility. This is a basic rule and a necessary element of international order. The former is a clear example of the numerous attempts to legalize international responsibility by doctrine, international jurisprudence, and the intentions of governments. Doctrines and initial plans to legalize international liability became interested in investigating damages to foreigners, such as individuals and legal entities. What is the position of the aggrieved person in the system of international liability? The answer to the question is the subject of this research. In the first stage, we try to prove; The basic premise is that an individual can have rights based on the international community. In the second stage, the various ways available to the individual to defend themselves are due to the damage suffered by the government. In the final stage, we will examine the exact issue of repairing the damage to the person or persons

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