State Responsibility for Breach of Multilateral Obligations in the Case of Copyright Management in Russia

Abstract

The paper discusses the international responsibility of Russia for the negligence to protect copyright on-line as based on the general principles of international public law. It examines the obligations set by the international copyright protection framework (above all the Berne Convention) and applies the concept of state responsibility for a breach of a multilateral obligation crucial to the international community. The author proposes a third option: next to obligations resulting explicitly from a treaty or obligations erga omnes – obligations generated by a treaty (or an entire legal framework, as in the discussed case) that if crucial to the entire international community, bring about the very same legal consequences as any other breach of an international obligation. (in Polish)

Keywords: international law, state responsibility, copyright, multilateral obligations

JEL Classification: K33