论国际不当行为责任的构成要件

Constituents of Responsibility for International Wrongful Acts

国际不当行为责任的主体是国家,这是由国家是国际法的主体地位所决定的,其构成包括主观和客观两个方面。国家责任的主观方面是指国家责任的可归因性,也就是指国家因其国际不当行为应当承担国际责任的主观基础,客观方面是指国家行为的客观违法性。

State responsibility, consisting of both subjective and objective aspects, refers to the international responsibility assumed by a state owing to its international wrongful acts. That the state shoulders the principal responsibility is determined by the principal position which a state holds in the international law. The subjective side of state responsibility refers to the subjective basis on which a state commits the international illegal acts.Its also means the awareness and intention a state has when conducting the wrongful acts. The objective side refers to the objective characteristics of a state's illegal behaviors.