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Thus an obligation encompasses both sides of the equation, both the obligor's duty to render prestation and the obligee's right to receive prestation. It differs from the common-law concept of obligation which only encompasses the duty aspect. Every obligation has four essential requisites otherwise known as the elements of obligation. They are:
The topic of state responsibility was one of the first 14 areas provisionally selected for the ILC's attention in 1949. [7] When the ILC listed the topic for codification in 1953, "state responsibility" was distinguished from a separate topic on the "treatment of aliens", reflecting the growing view that state responsibility encompasses the breach of an international obligation.
The CBDR principle acknowledges that all states have shared obligation to address environmental destruction but denies equal responsibility of all states with regard to environmental protection. In the Earth Summit, states acknowledged disparity of economic development between developed and developing countries.
In practice, a variety of sources tend to be used to demonstrate the existence of opinio juris, including evidence such as diplomatic correspondence, press releases and other government statements of policy, opinions of legal advisers, official manuals on legal questions, legislation, national and international judicial decisions, legal briefs ...
An obligation is a course of action which someone is required to take, be it a legal obligation or a moral obligation. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. Obligation exists when there is a choice to do what is morally good and what is morally unacceptable. [1]
A solidary obligation, or an obligation in solidum, is a type of obligation in the civil law jurisprudence that allows either obligors to be bound together, each liable for the whole performance, or obligees to be bound together, all owed just a single performance and each entitled to the entirety of it. In general, solidarity of an obligation ...
Doctrines of attribution are legal doctrines by which liability is extended to a defendant who did not actually commit the criminal act. [1]: 347 [2]: 665 Examples include vicarious liability (when acts of another are imputed or "attributed" to a defendant), attempt to commit a crime (even though it was never completed), and conspiracy to commit a crime (when it is not completed or which is ...
The States concerned must therefore feel that they are conforming to what amounts to a legal obligation." [23] The Court emphasised the need to prove a "sense of legal duty" as distinct from "acts motivated by considerations of courtesy, convenience or tradition". [23] This was subsequently confirmed in Nicaragua v. United States of America. [24]