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国家责任作为国际法的重要组成部分,一直是国际法学界争论不休的领域。2001年11月联合国国际法委员会第53届会议通过了《国家对国际不法行为的责任条款草案》,取得了具有某种突破性质的进展。以该草案为基础,从经济学的角度,结合法的理论,对国家责任构成及其免责事由作一些理性探思,并兼顾国际赔偿责任这一相关问题,主要目的在于论证它们作为法律责任承担机制的经济合理性。
As an important part of international law, the responsibility of the State has always been an area where international law scholars are constantly debated. At the 53rd session of the United Nations Commission on International Law in November 2001, the draft articles on the Responsibility of States for Internationally Wrongful Acts were adopted, and some breakthrough nature has been achieved. On the basis of the draft, from the perspective of economics, combining with the theory of law, we should make some rational introspection on the composition of state responsibility and its exemption and give consideration to the related issue of international liability, the main purpose of which is to demonstrate that they bear the legal liability Economic rationality of the mechanism.