State liability for legislative inaction

Abstract

State liability for a legislative inactivity It is in common use that the state could be found liable for a damage cost by its legislation. The very interesting but new problem is whether state could be found liable for its inactivity through which a damage has been caused.

The author answers this question in a positive way however under very limited conditions.

Keywords

• State liability
• legislative inactivity
• damage
• causation
• very limited liability and exgeneration