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Published: 10 March 2023

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United Nations. International Law Commission. The International Law Commission's draft articles on state responsibility: Part 1, articles 1-35. Dordrecht: M. Nijhoff, 1991.

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Division, United Nations Codification. Guide for the draft articles on the law of treaties between states and international organizations or between international organizations. [New York?]: United Nations, 1985.

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Avhadeev, V., L. Bitkova, C. Bogolyubov, I. Bondarchuk, A. Vinokurov, E. Galinovskaya, D. Gorohov, et al. Implementation of the Law on Responsible Treatment of Animals: from the quality of norms to effective law enforcement. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1410760.

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The collection contains articles on the quality of the conceptual apparatus and terminology of Federal Law No. 498-FZ of December 27, 2018 "On Responsible Treatment of Animals and on Amendments to Certain Legislative Acts of the Russian Federation", the subject of its legal regulation, the effectiveness of the mechanism for its implementation laid down in the law, state supervision and public control in the field of animal treatment. The problems of organizing the activities of animal shelters without owners, protecting animals from abuse and responsibility for such offenses, directions and ways to improve Federal Law No. 498-FZ and the practice of its application are also highlighted. Attention is paid not only to modern, but also to historical, international and foreign experience of legal regulation of the considered social relations, norms-requirements, restrictions and prohibitions in the field of keeping and using animals, moral and ethical aspects of interaction between people and animals, which emphasizes the complex and interdisciplinary nature of the presented research. The publication is addressed to lawyers-scientists and practitioners, subjects of the law of legislative initiative, employees of state authorities and local self-government bodies directly involved in the application of the norms of Federal Law No. 498-FZ, employees of various organizations engaged in the maintenance, use and protection of animals, animal rights activists, students and postgraduates of law schools, as well as a wide range of readers interested in this issue.

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Ferstman, Carla. Human Rights and International Humanitarian Law Breaches Attributable to International Organizations. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808442.003.0003.

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The chapter considers how to determine whether a particular internationally wrongful act is attributable to an international organization, or another actor under international law. It considers the circumstances in which international organizations may breach the human rights and international humanitarian law obligations that they are bound to respect and incur liability in the case of a breach. It also considers when the conduct amounting to a breach is an act of the organization for the purposes of assigning responsibility. It analyses the framework for the attribution of responsibility set out in the Draft Articles on the Responsibility of International Organizations.

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Ferstman, Carla. International Organizations and the Fight for Accountability. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808442.001.0001.

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This book is concerned with reparation for human rights and international humanitarian law breaches committed by or attributed to international organizations. These breaches constitute internationally wrongful acts which, according to the International Law Commission’s Draft articles on the responsibility of international organizations, give rise to an obligation on the offending organization to afford reparation. However, in practice, the obligation to afford reparation is unimplemented. The book explores why this is. It considers how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and, particularly, their application to remedies and reparation owed to individuals. It reviews the various gaps in the law and the limitations of existing redress mechanisms. The book analyses the cogency of the arguments and rationales that have been used by international organizations to limit their liability and the scope and functioning of redress mechanisms, included by the resort to lex specialis principles. It is postulated that the standards of reparation must be drawn from the nature of the breach and the resulting harms and not by who is responsible for the breach. In this respect the book is an exercise in the progressive development of the law. Having determined that existing redress mechanisms cannot afford adequate or effective remedies and reparation, the book explores how to move towards a model that achieves greater compliance.

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Ferstman, Carla. The Direct Responsibility of Organization Employees, Contractors, and Troop Contingents. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808442.003.0008.

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Organization employees, experts on mission, contractors, and troop contingents may have direct responsibility for wrongful acts. This is stressed in the commentary to Article 66 of the Draft Articles on the Responsibility of International Organizations, which underscores that if the conduct of an individual is attributed to an international organization or a State, this does not exempt that person from the individual criminal responsibility that he or she may incur for his or her conduct. The chapter explores the challenges to pursue civil and criminal remedies against individuals and the role played by international organizations to help secure that responsibility.

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Dame Rosalyn, DBE, QC, Higgins, Webb Philippa, Akande Dapo, Sivakumaran Sandesh, and Sloan James. Part 2 The United Nations: What it is, 13 Responsibility of the United Nations. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198808312.003.0013.

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The question of the responsibility of international organizations has been considered in depth by international bodies, and has been the subject of Draft Articles on the Responsibility of International Organizations (DARIO), finalized by the International Law Commission in 2011. However, there are aspects that remain uncertain due to the limited applicability of the principles of state responsibility to the UN, the status of DARIO as progressive development rather than codification of international law, the few express statements on responsibility in international instruments, and scant practice. This chapter discusses the Draft Articles on the Responsibility of International Organizations; attribution of conduct; allocating responsibility between the UN and member states; unequal access to dispute settlement mechanisms; immunity of the UN in national proceedings; circumstances precluding wrongfulness; consequences of a finding of responsibility; the implementation of the international responsibility of an international organization; and responsibility of the UN in peacekeeping operations.

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Otto, Spijkers. 6 Responsibility, 6.9 Nuhanović v Netherlands , Judgment, BZ9225, and Mustafić v Netherlands , Judgment, BZ9228, Supreme Court of The Netherlands, 6 September 2013. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0037.

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The Nuhanović and Mustafić cases deal with the legal responsibility of the Netherlands for acts committed by a battalion of Dutch soldiers, placed at the disposal of the United Nations (UN) to take part in a peacekeeping mission. In its judgment, the Dutch Supreme Court made extensive use of the Articles on the Responsibility of States for Internationally Wrongful Acts (ARS), and the Draft Articles on the Responsibility of International Organizations (DARIO) of the International Law Commission (ILC). While the question of attribution is decided on the basis of international law, the wrongfulness of the conduct of the Dutch peacekeepers is assessed mainly on the basis of local domestic (Bosnia-Herzegovina) private law. Nonetheless, as an obiter dictum, the Supreme Court also had something interesting to say about the extraterritorial application of international human rights law in a case such as this one.

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Rosenne, Shabtai. The International Law Commission's Draft Articles on State Responsibility. Springer, 1991.

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Cedric, Ryngaert. 6 Responsibility, 6.8 Mukeshimana - Nguilinzira and ors. v Belgium and ors. , Brussels Court of First Instance, ILDC 1604 (BE 2010), 8 December 2010. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0036.

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In Mukeshimana, the Brussels Court of First Instance held that a decision to evacuate a compound in Rwanda, occupied by the Belgian military in the framework of an UN peace operation, was attributable to Belgium, and could engage Belgium’s responsibility. After the evacuation, Interahamwe militia killed most persons who had sought refuge on the compound. The Court fails to provide proper conceptual arguments for such attribution, limiting itself to stating that the case should be distinguished from the Behrami decision of the European Court of Human Rights. Arguably, Mukeshimana should have been based on the effective control standard as laid down in art. 7 of the Draft Articles on the Responsibility of International Organizations for Internationally Wrongful Acts, and as applied by Dutch courts in the Srebrenica litigation against the Dutch State.

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Guide for the draft articles on the law of treaties between states and international organizations or between international organizations. [New York]: United Nations, 1985.

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de Stefano, Carlo. Attribution in International Law and Arbitration. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198844648.001.0001.

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This book aims to clarify, critically discuss, and propose solutions for the application of international rules of attribution of conduct to States under public international law and international investment law. In a nutshell, the issue is that of the applicability of the principles of ‘attribution’ to States of acts that are in breach of their obligations under international custom or international treaties, with a focus on their commitments pertaining to the treatment of foreign investors under international investment agreements (IIAs), mostly bilateral investment treaties (BITs), and their application by arbitral tribunals. Of special interest and the object of extensive debate within this context is the responsibility of States when the alleged breach has been committed not by the State itself through its organs, but by entities which have separate legal personality under domestic law, which, nevertheless, may engage the responsibility of the State under international law, such as State-owned enterprises (SOEs). The book addresses the relevant issues in a systematic way, approaching them first in general terms on the basis of the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) on attribution, finalized by the International Law Commission (ILC) in 2001, and proceeding thereafter to the specifics of international investment law, based on an accurate examination of the law, practice, and case law, with full knowledge and consideration of the academic debate. To this extent, the book submits that the general principles on attribution are fully applicable within international investment law, which is not a closed system governed by different principles, and that tribunals have to apply them as they generally do.

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Borzu, Sabahi. 3 Modern Reparation Doctrine in International Law and Investment Treaty Arbitration. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199601189.003.0003.

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This chapter traces the doctrine of reparation in contemporary international law and, in particular, in investment treaty arbitration. It discusses in detail the two significant developments which mark the evolution of the doctrine of reparation during the 20th century: the decision of the Permanent Court of International Justice in the Factory at Chorzów case, and the work of the International Law Commission (ILC) on the law governing the responsibility of States for internationally wrongful acts, which culminated in draft articles adopted by the UN General Assembly and recommended to States. It examines the application in investment arbitration of the principles of reparation found in these two sources, and discusses certain fundamental concepts relating to reparation and their pertinence to the particular nature of investment treaty arbitration, particularly the concept of the ‘hypothetical position’.

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Jeswald W, Salacuse. 16 The Consequences of Treaty Violations. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.003.0016.

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This chapter examines the consequences of treaty violations for states and the remedies available to an investment when a host state fails to provide the treatment it has promised. It first considers the fact that most investment treaties do not specifically state the consequences of a state’s breach of treaty provisions. However, on issues not specifically covered by treaty, all investment treaties authorize tribunals to apply customary international law in making decisions, including determining compensation for investments affected by the breach of treaty provisions. The chapter then discusses the application of customary international law on state responsibility and investment treaty remedies in general, citing the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the Vienna Convention on the Law of Treaties in particular. Finally there is a discussion of valuation techniques used to determine the amount of damages.due to injured investors.

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Stahn, Carsten, Jens Iverson, and Jennifer S. Easterday, eds. Environmental Protection and Transitions from Conflict to Peace. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.001.0001.

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This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. The volume brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key legal considerations related to normative frameworks (e.g. international environmental law, international humanitarian law, transitional justice, and human rights), the treatment of substantive principles (e.g. proportionality under jus in bello and jus post bellum, environmental integrity), ‘shared responsibility’, and accountability mechanisms for environmental damage. By providing a comprehensive and in-depth analysis of environmental protection and natural resource management during the transition to peace, the volume reveals strong links between the peace-orientation of jus post bellum and environmental principles, such as intergenerational equity and precaution. There is a great deal of work to do to ensure greater protection of the environment before, during, and after conflict. It remains a challenge to align protection with the political interest of states, and the increasing involvement of non-state actors in armed conflict. This volume marks a starting point for an urgently needed space for states, international organizations, and civil society to discuss, and debate conflict and the environment. By engaging with the International Law Commission’s 2016 Draft Principles on the Protection of the Environment in Relation to Armed Conflicts, the volume adds clarity to the law and momentum to the development of the law in this important area.

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