国际公法中的损害赔偿形式

Sergei Mikhailovich Belozertsev
{"title":"国际公法中的损害赔偿形式","authors":"Sergei Mikhailovich Belozertsev","doi":"10.25136/2644-5514.2023.3.39612","DOIUrl":null,"url":null,"abstract":"\n The study of the problems of international legal responsibility as one of the basic elements of international legal regulation is of particular importance due to the fact that the subjects of international law, taking advantage of the dispositivity and consensual nature of its norms, abuse them in their own interests, often seriously infringing the interests of their international partners. The institution of international legal responsibility is one of the earliest forms of interstate relations that arose long before the formation of public international law as a legal system. The article discusses the forms of compensation for harm in public international law. The property and non-property forms of compensation for harm are highlighted. The key characteristics of international legal responsibility are defined, such as compensation for harm, as the most effective sanction for unlawful actions, and restoration of the violated rights and interests of the victim. The analysis of the order and consequences of the application of forms of international legal responsibility is given. The institute of international legal responsibility is very extensive, we have considered only some of its part concerning the forms of international legal responsibility. Forms of international legal responsibility can be of a property and non-property nature. Property forms of liability include: restitution, compensation, satisfaction. Non-property forms of responsibility include: retorsions and reprisals. As a result of the conducted research, it is concluded that the forms of liability are most effective when they are combined when several property forms of liability (for example, restitution and compensation) are used together with non-property forms of liability. It is noted that non-property forms of liability are the most effective in terms of influencing the reputation of the harm-doer, due to their publicity.\n","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Forms of Compensation for Harm in Public International Law\",\"authors\":\"Sergei Mikhailovich Belozertsev\",\"doi\":\"10.25136/2644-5514.2023.3.39612\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n The study of the problems of international legal responsibility as one of the basic elements of international legal regulation is of particular importance due to the fact that the subjects of international law, taking advantage of the dispositivity and consensual nature of its norms, abuse them in their own interests, often seriously infringing the interests of their international partners. The institution of international legal responsibility is one of the earliest forms of interstate relations that arose long before the formation of public international law as a legal system. The article discusses the forms of compensation for harm in public international law. The property and non-property forms of compensation for harm are highlighted. The key characteristics of international legal responsibility are defined, such as compensation for harm, as the most effective sanction for unlawful actions, and restoration of the violated rights and interests of the victim. The analysis of the order and consequences of the application of forms of international legal responsibility is given. The institute of international legal responsibility is very extensive, we have considered only some of its part concerning the forms of international legal responsibility. Forms of international legal responsibility can be of a property and non-property nature. Property forms of liability include: restitution, compensation, satisfaction. Non-property forms of responsibility include: retorsions and reprisals. As a result of the conducted research, it is concluded that the forms of liability are most effective when they are combined when several property forms of liability (for example, restitution and compensation) are used together with non-property forms of liability. It is noted that non-property forms of liability are the most effective in terms of influencing the reputation of the harm-doer, due to their publicity.\\n\",\"PeriodicalId\":284936,\"journal\":{\"name\":\"Международное право\",\"volume\":\"1 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-03-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Международное право\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.25136/2644-5514.2023.3.39612\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Международное право","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.25136/2644-5514.2023.3.39612","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

将国际法律责任问题作为国际法律规制的基本要素之一进行研究是特别重要的,因为国际法的主体利用其准则的处置性和协商一致的性质,为了自己的利益滥用这些准则,往往严重侵犯其国际伙伴的利益。国际法律责任制度是最早的国家间关系形式之一,早在国际公法作为一种法律体系形成之前就出现了。本文探讨了国际公法中损害赔偿的形式。着重介绍了损害赔偿的财产形式和非财产形式。界定了国际法律责任的主要特征,例如损害赔偿,作为对非法行为最有效的制裁,以及恢复受害者被侵犯的权利和利益。对国际法律责任形式的适用顺序和后果进行了分析。国际法律责任的制度是非常广泛的,我们只审议了其中有关国际法律责任形式的部分。国际法律责任的形式可以是财产性质和非财产性质。财产责任的形式包括:赔偿、补偿、清偿。非财产责任形式包括:反击和报复。根据所进行的研究,得出的结论是,当几种财产形式的责任(例如,赔偿和赔偿)与非财产形式的责任一起使用时,将责任形式结合起来使用是最有效的。值得注意的是,非财产形式的责任由于其公共性,在影响加害人声誉方面最为有效。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Forms of Compensation for Harm in Public International Law
The study of the problems of international legal responsibility as one of the basic elements of international legal regulation is of particular importance due to the fact that the subjects of international law, taking advantage of the dispositivity and consensual nature of its norms, abuse them in their own interests, often seriously infringing the interests of their international partners. The institution of international legal responsibility is one of the earliest forms of interstate relations that arose long before the formation of public international law as a legal system. The article discusses the forms of compensation for harm in public international law. The property and non-property forms of compensation for harm are highlighted. The key characteristics of international legal responsibility are defined, such as compensation for harm, as the most effective sanction for unlawful actions, and restoration of the violated rights and interests of the victim. The analysis of the order and consequences of the application of forms of international legal responsibility is given. The institute of international legal responsibility is very extensive, we have considered only some of its part concerning the forms of international legal responsibility. Forms of international legal responsibility can be of a property and non-property nature. Property forms of liability include: restitution, compensation, satisfaction. Non-property forms of responsibility include: retorsions and reprisals. As a result of the conducted research, it is concluded that the forms of liability are most effective when they are combined when several property forms of liability (for example, restitution and compensation) are used together with non-property forms of liability. It is noted that non-property forms of liability are the most effective in terms of influencing the reputation of the harm-doer, due to their publicity.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信