اندیشه‌های حقوق عمومی

In the law of international responsibility, the right to invoke responsibility is not limited to the injured state, but the International Law Commission, when drafting articles in 2001 on the responsibility of states for international wrongful acts, developed the right to invoke to "states other than the injured state" in international law and recognized it according to Article 48. With more consideration in the draft plan, the right to invoke is one of the important international legal mechanisms that deal with the responsibility of states that violate the general rules of the "international community as a whole" and holds states responsible for acts or omissions that lead to harm to other states and is based on the idea that states have an obligation to ensure that their behavior causes harm to other states. Also, in this progressive process, there are many international arbitral procedures that discuss this right for states and deal with the issue of international responsibility rights, whether a state is against the states that directly They were not damaged, is it responsible? This article tries to examine the approach of the non-injured states regarding the concept of invoking the claim of breach of obligation from the responsible state and also the right to invoke the international responsibility of the offending state according to judicial procedures.