نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
Objective: This article examines the link between the international responsibility of states and the right to development within the framework of the "Draft Articles on Responsibility of States for Internationally Wrongful Acts" (2001), aiming to assess the feasibility of holding states accountable for violations of this right.
Method: Adopting an analytical and interpretative approach, this research investigates the topic through the study of international instruments (notably the 1986 Declaration on the Right to Development), analysis of the Draft Articles on State Responsibility, and a review of relevant doctrinal perspectives and jurisprudence (such as the African Commission's ruling in the SERAC v. Nigeria case).
Findings and Conclusion: The findings indicate that while, from a theoretical perspective, a violation of obligations arising from the right to development (particularly the duty of international cooperation) can be framed as an "internationally wrongful act," and the general international law of state responsibility provides a legal basis for accountability, significant practical challenges impede its realization. The primary obstacles include: the absence of a specific, binding treaty on the right to development; the lack of a competent international judicial body for specialized adjudication; the ambiguity surrounding practical mechanisms for reparations for developmental harm; and political resistance from powerful states against the emergence of such responsibility. Consequently, transitioning from theoretical possibility to practical reality requires strengthening the normative status and institutionalization of the right to development within the international system.
کلیدواژهها English