Succession of States in Respect of the Right to Reparation

• Main Author: mohamad ssetayeshpur
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2019-11-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
• Subjects: consequences of succession succession to responsibility succession to reparation international responsibility transfer of right
• Online Access: http://qjpl.atu.ac.ir/article_11029_fc2e8da2f7c22421feba4bd62d68083e.pdf

Transferring right to reparation as a legal consequence of a state succession in public international law, regardless of how and the way the related succession has been occurred, has always been in dispute and controversial issue. Following the state succession, the issue of succession of states in respect of right to reparation, in the ways are allowed in public international law, seeks to scrutinize the feasibility of transferring such rights. Studying a conceptual framework of the conception in question in view of public international law, the present paper looking over opinions in favour of it and opposite views. At last, it concludes that transferring of the responsibility to the right to reparation in respect of succession of states should be disregarding of absoluteness and as a result of that, succession of states in respect of the right to reparation has been necessitated in international law which is necessary to achieveing justice and it represents a conceptual evolution in this human knowledge.