ISSUES OF EXEMPTION FROM INTERNATIONAL LEGAL RESPONSIBILITY
- Authors: Nemova Е.N.1
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Affiliations:
- Togliatti State University, Togliatti
- Issue: No 4 (2017)
- Pages: 53-56
- Section: Articles
- URL: https://vektornaukipravo.ru/jour/article/view/164
- ID: 164
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Abstract
In international law, the Institute of exemption from liability under international law cannot be considered sufficiently developed and have a clear legal basis. The basic provisions that provide grounds for exemption from responsibility under the international law provided in Resolutions of the UN General Assembly as the respective projects, as well as in the agreements concluded between individual States. The purpose of this article is consideration of the circumstances, exempt from international legal responsibility, as enshrined in international legal instruments. The work was reviewed Resolutions of the UN General Assembly No. 56/83 of 12 December 2001, and no A/RES/66/100, dated 9 December 2011, as well as a number of agreements concluded between the Government of the Russian Federation and individual States, provide grounds to be exempt from international legal responsibility of States and international organizations. Investigated the individual grounds for exemption of state and international organizations on the international legal responsibility, in particular, such as consent, self-defence, countermeasures, force majeure, distress and state of necessity. The article considers the grounds for exemption, not only from fault liability, but strict liability of the state. In contemporary international law circumstances that exempt the subjects of international legal responsibility from legal responsibility, represent proven facts, actions, and phenomena existing in the time of the Commission of international offences, which absolve the subjects of international legal responsibility of the performance obligation to answer for the harm caused. Exemption from liability under international law is possible not only when the guilty, but an objective (absolute) liability.
About the authors
Еlena Nikolaevna Nemova
Togliatti State University, Togliatti
Author for correspondence.
Email: nemova0303@yandex.ru
lecturer of Chair “Theory and history of state and law”
Russian Federation