The Complexity of the International Liability of states

Abstract

The international liability of states does not have a consensual regulation, it is based on the perpetration by the state of an act that can be considered illegal, consisting in the violation of an international obligation, and in order to engage the international liability of states, it must be analyzed, in each concrete case, if the constitutive elements of the liability are met, starting with the existence or not of an international obligation for the state in question, but not in a normative framework as strict as in the case of the international criminal liability of individuals.