Document Type : Research Paper
Authors
1 Law and political faculty.Tehran university
2 Faculty of Law-Univerdity of Tehran
Abstract
Attributing private individuals' actions to governments in international responsibility represents a fundamental dimension of legal analysis. Within the framework of the 2001 draft articles on the international responsibility of states, the violation of an international obligation, attributable to the responsible actor, serves as a key trigger for invoking responsibility. While Article 4 of the draft articles enables the attribution of acts by government entities to the state, the pivotal question emerges: can the actions of private individuals be attributed to the government? This review holds particular significance in the sphere of maritime law, given the substantial presence of privately owned vessels operating under governmental jurisdiction.
Notably, judicial pronouncements such as the 2015 advisory opinion of the International Court of Justice on the sub-regional fisheries commission, in conjunction with prevailing legal doctrines, emphasize the requirement of governments to exercise due diligence in preventing wrongful acts by the private sector to warrant attribution of responsibility. This article seeks to delve into the nuanced interplay of this concept within the broader context of international law, with a specific focus on maritime law. Through a descriptive-analytical approach utilizing scholarly sources,
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