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1
Seršić, Maja. "Odgovornost međunarodnih organizacija, s posebnim osvrtom na višestruku pripisivost te odgovornost država za čine međunarodnih organizacija." Zbornik Pravnog fakulteta u Zagrebu 72, no. 1-2 (June 1, 2022): 379–400. http://dx.doi.org/10.3935/zpfz.72.12.11.
Повний текст джерелаАнотація:
The responsibility of international organizations attracted special attention in theory and practice of international law after the International Law Commission began its work on the topic in 2002. The Commission ended its work in 2011 by adopting the Draft Articles on the Responsibility of International Organization. In this contribution we give an overall review of the Draft articles with special a emphasis on the cases of multiple attribution and responsibility of states for internationally wrongful acts of international organizations. Analyzing the critical remarks raised in regard to the Draft, we concluded that they cannot diminish the successful outcome of the work of the Commission, which is, a coherent and consistent system of rules devoted to the responsibility of international organizations.
2
Blokker, Niels. "Abuse of the Members: Questions concerning Draft Article 16 of the Draft Articles on Responsibility of International Organizations." International Organizations Law Review 7, no. 1 (2010): 35–48. http://dx.doi.org/10.1163/157237310x523849.
Повний текст джерелаАнотація:
AbstractThis contribution discusses Article 16 (“Decisions, authorizations and recommendations addressed to member states and international organizations”) of the ILC draft articles on responsibility of international organizations, completed in first reading in 2009. According to Article 16, international organizations may incur international responsibility for their binding and non-binding decisions if certain conditions are fulfilled. The main rationale of this provision is that an international organization may not require its members to perform acts which the organization itself may not perform under its own obligations. The need to include this provision in the draft articles is not questioned. Five specific issues are addressed. The provision concerning authorizations may in the future turn out to be the most troublesome, in particular in relation to Security Council authorizations for the use of force.
3
Kuijper, Pieter Jan. "Amsterdam Center for International Law Introduction to the symposium on Responsibility of International Organizations and of (Member) states: Attributed or Direct Responsibility or Both?" International Organizations Law Review 7, no. 1 (2010): 9–33. http://dx.doi.org/10.1163/157237310x523858.
Повний текст джерелаАнотація:
AbstractThis is the introduction to three articles that resulted from the Symposium on Responsibility of International Organizations and of (Member) States organized by the Amsterdam Center for International Law (ACIL) under direction of Professors André Nollkaemper and Pieter Jan Kuijper in April 2009. The Symposium concentrated on those articles of the ILC draft articles on the Responsibility of International Organizations which are concerned with the responsibility of States for the unlawful acts of International Organizations as well as with the responsibility of International Organizations for unlawful acts of States, and in particular Member States. This introductory article seeks to place the articles relating to these issues in the context of the draft articles as a whole and of their predecessors, the draft articles on State Responsibility. Moreover, since the articles in question are based on the notion of a directly incurred responsibility on the part of the international organization or State concerned, rather than the classical conception of responsibility through attribution, they are also analyzed in the light of these two conceptions of responsibility. The issue of shared responsibility deserves special attention in this respect.
4
Reinisch, August. "Aid or Assistance and Direction and Control between states and International Organizations in the Commission of Internationally Wrongful Acts." International Organizations Law Review 7, no. 1 (2010): 63–77. http://dx.doi.org/10.1163/157237310x523821.
Повний текст джерелаАнотація:
AbstractQuestions concerning the international responsibility of international organizations and/or their member States for internationally wrongful acts primarily raise important issues of attribution. In addition, a concurrent responsibility may arise from situations where international organizations aid or assist or direct and control the acts of States or other international organizations. This contribution intends to highlight some problems that stem from the fact that the current formulations of Articles 13 and 14 of the ILC Draft Articles on responsibility of international organizations are largely based on the corresponding provisions of the 2001 ILC Articles on State responsibility.
5
Omerović, Enis. "Damage in International Law: Precondition For State and International Organization Responsibility?" Društvene i humanističke studije (Online) 6, no. 3(16) (July 27, 2021): 381–408. http://dx.doi.org/10.51558/2490-3647.2021.6.3.381.
Повний текст джерелаАнотація:
The first chapter of the paper elaborates the question of whether one of the constitutive elements of the internationally wrongful act and a precondition for responsibility could be embodied in an existence of damage that has to be inflicted upon participants with international legal personality. In this regards legal doctrine, the arbitral awards, international judgments as well as the works of the UN International Law Commission will be examined, particularly the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the Draft Articles on the Responsibility of International Organisations from 2001 and 2011, respectively. An interesting question could be raised concerning the terms used in Law on Responsibility and that is whether there is a difference between damage, injury, and unlawful consequence. Punitive or penal damage and its application in Law on Responsibility will be further assessed. The author will begin its research with the definition of punitive damage, and will further take into consideration international legal doctrine, international arbitral awards, judicial decisions of international courts, decisions of various claims commissions as well as norms of general international law in supporting his hypothesis that international law does not entail reparations for punitive damages. One of the aims of this paper is to indicate the question of whether the existence of punitive damages in international law, if any, be linked to a legal nature of State and international organization responsibility, in the sense that application of punitive damages in international law would support the thesis on the very existence of criminal responsibility of the named subjects of international law? It is interesting to note that the criminal responsibility of states has been abandoned by the removal of Article 19 in the final Draft Articles on Responsibility of States.
6
Murray, Odette. "Piercing the Corporate Veil: The Responsibility of Member states of an International Organization." International Organizations Law Review 8, no. 2 (2011): 291–347. http://dx.doi.org/10.1163/157237411x633881.
Повний текст джерелаАнотація:
AbstractThis paper applies two manifestations of the principle of good faith – pacta sunt servanda and the doctrine of abuse of rights – to the complex relationship between member states and international organizations. The paper argues that these existing doctrines operate as a legal limit on the conduct of states when creating, controlling and functioning within international organizations. The paper begins by exploring an innovative provision in the International Law Commission's recently finalised Draft Articles on the Responsibility of International Organisations – Draft Article 61 – according to which a member state will bear international responsibility for the act of an international organization where the member state uses the organization to circumvent its own international obligations. Examining the development of Draft Article 61 and the jurisprudence upon which it is based, this paper argues that the principle which the Commission in fact seeks to articulate in Draft Article 61 is that of good faith in the performance of treaties. As such, being based on a primary rule of international law, this paper queries whether Draft Article 61 belongs in a set of secondary rules. The paper then considers the role of states in the decision-making organs of international organizations and argues that the widely held presumption against member state responsibility for participation in decision-making organs can and should be displaced in certain cases, in recognition of the various voting mechanisms in international organizations and the varied power which certain states may wield. The paper argues that the doctrine of abuse of rights operates as a fundamental legal limit on the exercise of a member state's voting discretion, and thereby forms a complementary primary obligation placed on states in the context of their participation in international organizations.
7
Gal-Or, Noemi, and Cedric Ryngaert. "From Theory to Practice: Exploring the Relevance of the Draft Articles on the Responsibility of International Organizations (DARIO)—The Responsibility of the WTO and the UN." German Law Journal 13, no. 5 (May 2012): 511–41. http://dx.doi.org/10.1017/s2071832200020630.
Повний текст джерелаАнотація:
In 2002, the United Nations (UN) International Law Commission (ILC) decided to include the subject of the responsibility of international organizations (IOs) in its program of work. By 2011, the Commission adopted sixty-six draft articles with commentaries, known as the Draft Articles on the Responsibility of International Organizations (DARIO). The adoption of the DARIO represents an enterprise of revolutionary implications for public international law and the future development of both international law and global relations and governance. It may leverage the international personality of the IO to a status previously unknown, particularly when compared to the supreme international actor, the State.
8
Gal-Or, Noemi. "Responsibility of the WTO for Breach of an International Obligation under the Draft Articles on Responsibility of International Organizations." Canadian Yearbook of international Law/Annuaire canadien de droit international 50 (2013): 197–242. http://dx.doi.org/10.1017/s0069005800010845.
Повний текст джерелаАнотація:
SummaryThis article challenges the argument that the World Trade Organization (WTO) is devoid of executive or governing functions and, hence, immune from the regime set out in the International Law Commission’s 2011 Draft Articles on the Responsibility of International Organizations (RIO). A brief drafting history of the RIO, clarification of the terminology associated with matters of international responsibility, and two hypothetical examples illustrating the potential for WTO responsibility set the stage for the article’s main argument. The author examines the WTO’s nature by analyzing its constituent law, its sui generis mandate and functions, its international legal personality, and its own use of terminology in presenting itself to the world. Critical analysis of RIO Articles 64 (on lex specialis) and 10 (on the existence of a breach of an international obligation), and their application to the WTO, completes the argument. The author thus refutes both the notions that (1) the WTO is exclusively member driven and, hence, not an executive, governing organization but a sui generis entity and (2) the WTO is therefore unable to breach an international obligation and thus immune from the RIO regime. The article concludes that, while a breach by the WTO of an international obligation may be exceedingly rare, it nonetheless — as any international organization — comes within the ambit of the RIO regime. The WTO should therefore consider adjusting its internal rules accordingly.
9
Amerasinghe, C. F. "Comments on the ILC’s Draft Articles on the Responsibility of International Organizations." International Organizations Law Review 9, no. 1 (2012): 29–31. http://dx.doi.org/10.1163/15723747-00901002.
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10
Voulgaris, Nikolaos. "Rethinking Indirect Responsibility." International Organizations Law Review 11, no. 1 (December 2, 2014): 5–52. http://dx.doi.org/10.1163/15723747-01101002.
Повний текст джерелаАнотація:
In its Draft Articles on the Responsibility of International Organizations, the International Law Commission included Article 17 in order to regulate instances in which binding decisions and authorizations were made by international organizations that bound or applied in respect of their member States. Given that courts have struggled in vain to come up with a uniform approach applicable in such situations, one would expect that Article 17 would have been a cause for celebration. Commentators, however, lamented the inclusion of the provision, arguing that it cannot function effectively because it forms part of the problematic Chapter IV that regulates scenarios of indirect responsibility. The article rejects this approach. For the first time, it offers an integrated normative analysis of all Chapter IV provisions, and calls on the reader to rethink indirect responsibility in a way that advances and promotes coherence in the law of international responsibility. The paper adopts a contextual approach, and suggests that this understanding of Article 17 offers courts a twofold opportunity: first, the ability to effectively tackle cases that have troubled them to date; and second, to initiate a change in the way in which States and international organizations interact in the international arena.
11
Ahlborn, Christiane. "The Rules of International Organizations and the Law of International Responsibility." International Organizations Law Review 8, no. 2 (2011): 397–482. http://dx.doi.org/10.1163/157237411x634970.
Повний текст джерелаАнотація:
AbstractThis paper discusses the role of the so-called 'rules of the organization' in the draft Articles on the Responsibility of International Organizations (ARIO), as adopted by the International Law Commission (ILC) on second reading in 2011. Although the rules of the organization occupy a central place in the ARIO, the ILC has decided not to take a “clear-cut view” on their legal nature as either international law or internal law of the organization. This paper argues that the ILC's indecision has left the ARIO with a fluctuating scope of application concerning various provisions such as the attribution of conduct, the breach of an international obligation, the obligation to make reparation, and countermeasures against an international organization. The term of art 'rules of the organization' was developed by the ILC in its work on the law of treaties but has rarely been addressed in legal scholarship. Part 1 therefore first examines the legal nature of the different components of the so-called 'rules of the organization': the constituent instruments, the acts, and the established practice of the organization. While the constituent instruments are contracts between States at the moment of the creation of an international organization, it will be contended that they also operate as constitutions during the life of the organization, giving it the autonomy to create internal law in force between the subjects of its legal order, including its member States. In analysing the ARIO on second reading, Part 2 accordingly suggests reconceiving the rules of the organization as 'internal law' of the organization as long as it functions effectively, so as to appropriately reflect its constitutional autonomy for purposes of international responsibility.
12
Ryngaert, Cedric. "THE EUROPEAN COURT OF HUMAN RIGHTS’ APPROACH TO THE RESPONSIBILITY OF MEMBER STATES IN CONNECTION WITH ACTS OF INTERNATIONAL ORGANIZATIONS." International and Comparative Law Quarterly 60, no. 4 (October 2011): 997–1016. http://dx.doi.org/10.1017/s0020589311000467.
Повний текст джерелаАнотація:
It is generally considered that an international organization (‘IO’) has an international legal personality which is distinct from that of its Member States, as a result of which the IO itself, rather than the Member States, is to be held responsible for the IO's internationally wrongful acts.1 It appears to be an accepted principle that Member States cannot generally be held liable for the acts of IOs by virtue of their membership of an IO alone. This view can be found in a 1996 resolution of the Institut de Droit International, which provides that ‘there is no general rule of international law whereby States members are, due solely to their membership, liable, concurrently or subsidiarily, for the obligations of an international organization of which they are members.’2 This is echoed in the International Law Commission's (‘ILC’) Commentary to article 62 of the Draft Articles on the Responsibility of International Organizations (‘ILC DARIO’): ‘It is clear that … membership does not as such entail for member States international responsibility when the organization commits an internationally wrongful act’.3 The ILC holds the view that only in the case of an intervening act by a Member State that influences the commission of a wrongful act by the IO (aid and assistance, direction and control, coercion, avoidance of compliance, acceptance) could the Member State be held responsible.4
13
Papić, Tatjana. "Definition of international organisation from the draft articles on responsibility of international organizations of the UN International Law Commission." Pravni zapisi 2, no. 1 (2011): 80–113. http://dx.doi.org/10.5937/pravzap1101080x.
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14
Капустин, Анатолий, and Anatoliy Kapustin. "CONTENT OF INTERNATIONAL LEGAL RESPONSIBILITY IN WTO LAW: THE GENERAL PRINCIPLES AND APPROACHES." Journal of Foreign Legislation and Comparative Law 1, no. 6 (February 7, 2016): 0. http://dx.doi.org/10.12737/17173.
Повний текст джерелаАнотація:
The present article discusses the main features of the content of international legal responsibility of the law of the World Trade Organization (WTO). Analysis of the concept of “content” of international legal responsibility is based on the Draft articles on responsibility of states for internationally wrongful acts, prepared by the UN International Law Commission in 2001, as well as the differences in the conceptual underpinnings of the responsibility, which is held on the various speakers’ issue. The author shares the view that the specificity of the institute of responsibility in WTO law in comparison with the general international law (Draft of UN International Law Commission), can be explained in terms of the fact that WTO law serves a lex specialis in relation to general international law. Review and comparison of the provisions of the Draft of UN International Law Commission and the Dispute Settlement Understanding of the WTO has allowed to conclude that the philosophy of the basic principles of the content of the international responsibility in these documents are very close to or even in the ground is the same. The article investigated the basic concept of a “violation of obligations” in WTO law and obligations of the members of the organization to terminate the offense. It is concluded that in spite of the individual features of the implementation requirements to provide “assurances and guarantees” prohibiting further violations of the WTO agreements, in general, WTO law ensures compliance with the obligation to cease the wrongful conduct.
15
Orakhelashvili, Alexander. "Responsibility and Immunities." International Organizations Law Review 11, no. 1 (December 2, 2014): 114–71. http://dx.doi.org/10.1163/15723747-01101005.
Повний текст джерелаАнотація:
Over the past couple of decades, the relative growth of the human-oriented element in the international legal system has been one of the defining characteristics of the process of its evolution. Rules, instruments, practices and institutions for protecting individuals in peacetime as well as during times of war keep multiplying and becoming more imperative. How does the law respond to underlying the dilemmas this presents: through developing a system of effective remedies, or by admitting and tolerating substantial gaps in accountability? The present contribution covers the law of the responsibility of international organizations and the multiple grounds of attribution under it, mainly focusing on the International Law Commission’s Draft Articles on the Responsibility of International Organizations and their applicability in practice. It also focuses on the immunities of international organizations, their sources and scope, and on the relationship between their competing or conflicting standards. There is more inter-dependence between the standards under the law of responsibility and those under the law of immunities than often meets the eye, and such inter-dependence is dictated by the orderly operation of both these branches of international law.
16
McCaffrey, Stephen C. "The Forty-third Session of the International Law Commission." American Journal of International Law 85, no. 4 (October 1991): 703–9. http://dx.doi.org/10.2307/2203277.
Повний текст джерелаАнотація:
The forty-third session of the United Nations International Law Commission (ILC) was held in Geneva from April 29 to July 19, 1991, and was chaired by Ambassador Abdul Koroma of Sierra Leone. During the session, the last of the ILC’s current five-year term of office, the Commission adopted full sets of draft articles on three of the subjects on its agenda. It completed the second reading, or final adoption, of the draft on jurisdictional immunities of states and their property, and approved on first reading its articles on the law of the non-navigational uses of international watercourses, and the Draft Code of Crimes against the Peace and Security of Mankind. In its report to the General Assembly, the Commission recommended that the Assembly convene a diplomatic conference charged with concluding a convention on the basis of the draft articles on jurisdictional immunities. The drafts on watercourses and crimes were sent to governments for their comments, which the Commission requested they submit by January 1, 1993. The ILC will then give each of those drafts a second reading, taking into account the observations received from states. In addition to the progress made on these topics, the Commission considered reports on the three remaining subjects on its agenda: international liability for injurious consequences arising out of acts not prohibited by international law, relations between states and international organizations (second part of the topic) and state responsibility.
17
MORRIS-SHARMA, Natalie Y. "The ILC’s Draft Articles Before the 69th Session of the UNGA: A Reawakening?" Asian Journal of International Law 7, no. 1 (September 21, 2015): 1–12. http://dx.doi.org/10.1017/s204425131500017x.
Повний текст джерелаАнотація:
AbstractThe treatment by states, at the 69th session of the UNGA, of the ILC’s work on the responsibility of international organizations, the effects of armed conflicts on treaties, and the expulsion of aliens, offer some interesting points for reflection, particularly about the role of states in international law-making. This paper situates the UNGA’s consideration of the draft articles before it within the context of the recent trends of the UNGA’s commending of the ILC’s draft articles to the attention of governments, and of its use of technical roll-overs. In this regard, the paper questions whether the UNGA’s approach to the draft articles on the expulsion of aliens signals a reawakening of the UNGA. Against this backdrop, the paper also discusses the past practice of the UNGA when considering the draft articles of the ILC.
18
Romanova, E. E. "“WTO Law”: Interconnection with International Law." Actual Problems of Russian Law 17, no. 4 (March 18, 2022): 115–24. http://dx.doi.org/10.17803/1994-1471.2022.137.4.115-124.
Повний текст джерелаАнотація:
Regulation of trade relations is a complex process that is getting more complicated year by year. The evolution of such relations led to the idea of creating a specialized institution, namely the World Trade Organization. The Marrakesh Agreement created a truly international organization, that is, as defined by the International Law Commission in its draft articles on the responsibility of international organizations, an organization established by a treaty or other instrument governed by international law and having its own international legal personality. Specialists in the field of international law continue to discuss the law governing the activities of the World Trade Organization (WTO). WTO law is a set of agreements and annexes to them, protocols of accession, decisions of WTO bodies, which allows us to consider it a special treaty regime within the framework of international law. WTO law is not isolated, as it is implemented in accordance with the 1969 Vienna Convention on the Law of Treaties. This paper attempts to determine the place of WTO law in international law.
19
McCaffrey, Stephen C. "The Forty-Second Session of the International Law Commission." American Journal of International Law 84, no. 4 (October 1990): 930–43. http://dx.doi.org/10.2307/2202845.
Повний текст джерелаАнотація:
The International Law Commission of the United Nations held its forty-second session from May 1 to July 20, 1990, under the Chairmanship of Professor Shi Jiuyong. In the context of its work on the Draft Code of Crimes against the Peace and Security of Mankind, the Commission considered the establishment of an international criminal court and adopted three articles of the code. Also at the forty-second session, the Commission adopted six articles on the law of the non-navigational uses of international watercourses and discussed reports on state responsibility, relations between states and international organizations, international liability for injurious consequences arising out of acts not prohibited by international law and jurisdictional immunities of states and their property.
20
Pressler, Jessica. "Responsibility of the United Nations for the Activities of Private Military and Security Companies in Peacekeeping Operations: In Need of a New International Instrument." Max Planck Yearbook of United Nations Law Online 18, no. 1 (2014): 152–87. http://dx.doi.org/10.1163/18757413-00180006.
Повний текст джерелаАнотація:
This chapter deals with the rising deployment of private military and security companies (pmscs) in peacekeeping operations of the United Nations and the demand for an increased willingness on part of the international organisation to take on responsibility for potential wrongdoings by its contracted personnel. It aims to demonstrate that the un is vested with a legal obligation to ensure that the conduct of private contractors under its command complies with obligations under international law and identifies possibilities to formulate a new regulatory framework in light of the recent Montreux Process and the Draft Articles on the Responsibility of International Organizations. The chapter further outlines ways for remedial mechanisms for potential victims of pmsc peacekeeper wrongdoings and offers an insight into the general tension between the organization’s immunity and its accountability. While the un’s reliance on pmscs in peacekeeping operations is an efficient mean to secure troops, it must go hand in hand with the compliance of international legal obligations and institutional responsibility so as to ensure its legitimacy and credibility as a world organization mandated to maintain peace and security and to respect human rights.
21
Ferstman, Carla. "Reparations for Mass Torts Involving the United Nations." International Organizations Law Review 16, no. 1 (January 7, 2019): 42–67. http://dx.doi.org/10.1163/15723747-01601003.
Повний текст джерелаАнотація:
In recent years, UN peacekeepers have been accused of several mass torts causing significant injury to host populations. Using the International Law Commission’s Draft Articles on the Responsibility of International Organizations as a backdrop, this article charts the efforts taken by host populations to seek reparation for the harms they suffered and the responses of the UN to arguments about their institutional liability and the consequential obligations to afford reparation. The author argues that the misapplication of the lex specialis principle has been central to the UN’s avoidance strategies.
22
Shraga, Daphna. "The ILC Draft Articles on Responsibility of International Organizations: The Interplay Between the Practice and the Rule." Proceedings of the ASIL Annual Meeting 105 (2011): 351–53. http://dx.doi.org/10.5305/procannmeetasil.105.0351.
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23
Lozanorios, Frédérique. "Responsibility of the United Nations for Wrongful Acts Occurred in the Framework of Authorized Operations in Light of the Draft Articles on the Responsibility of International Organizations (dario)." Max Planck Yearbook of United Nations Law Online 18, no. 1 (2014): 109–51. http://dx.doi.org/10.1163/18757413-00180005.
Повний текст джерелаАнотація:
When the Security Council authorizes a State or an international organization to use force, it entrusts it with authority over the chain of command of the operation. That is why the un has always declined to assume responsibility for conduct occurring in the context such operations. While this position is widely supported by practice, and by the 2011 Draft Articles on the Responsibility of International Organizations (dario) of the International Law Commission (ilc), certain cases brought before the European Court of Human Rights (ECtHR) such as Behrami/Saramati have challenged this principle. These cases had the merit of bringing to the fore uncertainties about the rules of responsibility applicable to complex schemes of peacekeeping. This study aims to address the question: in the light of the dario, to what extent could responsibility be attributed to the un for conduct occurred in the framework of authorized operations, and what kind of responsibility would that be? First, it argues that no basis can be found in the principles of independent responsibility to justify the attribution of wrongful conduct committed on the occasion of authorized operations to the un, unless in exceptional factual circumstances. Second, it contends that indirect responsibility could be an appropriate way to apprehend the specific relationships established between the un on the one hand and the operations it has authorized on the other hand.
24
Murphy, Sean D. "Protection of Persons in the Event of Disasters and Other Topics: The Sixty-Eighth Session of the International Law Commission." American Journal of International Law 110, no. 4 (October 2016): 718–45. http://dx.doi.org/10.1017/s0002930000763196.
Повний текст джерелаАнотація:
The International Law Commission held its sixty-eighth session in Geneva from May 2 to June 10, and from July 4 to August 12, 2016, under the chairmanship of Pedro Comissário Afonso (Mozambique). Notably, the Commission completedonsecond reading a full set of eighteen draft articles with commentaries on the protection of persons in the event of disasters and recommended to the United Nations General Assembly that it elaborate a convention based on the draft articles.Additionally, the Commission adopted on first reading a complete set of draft conclusions, with commentaries, for two topics: identification of customary international law; and subsequent agreements and subsequent practice in relation to the interpretation of treaties. As such, both topics might be completed by the Commission on second reading in 2018.Progress was also made in developing draft articles on crimes against humanity; draft guidelines on protection of the atmosphere; draft conclusions on jus cogens; and draft principles on protection of the environment in relation to armed conflicts. The Commission commenced a debate on a proposed draft article on “limitations and exceptions” to the immunity of state officials from foreign criminal jurisdiction, but, due to insufficient time, the debate will continue in 2017. Furthermore, an additional proposed guideline on the provisional application of treaties was sent to the drafting committee. The Commission decided to add two new topics to its long-term work program: the settlement of international disputes to which international organizations are parties; and succession of states in respect of state responsibility.
25
Matheson, Michael J. "The Fifty-Sixth Session of the International Law Commission." American Journal of International Law 99, no. 1 (January 2005): 211–21. http://dx.doi.org/10.2307/3246099.
Повний текст джерелаАнотація:
The International Law Commission held its fifty-sixdi session in Geneva from May 3 to June 4, and from July 5 to August 6, 2004, under the chairmanship of Teodor Melescanu of Romania. The Commission completed its first reading of draft principles on international liability for transboundary harm and draft articles on diplomatic protection, which have now been submitted for comment by states with a view to their completion in 2006. The Commission also continued its work on reservations to treaties, responsibility of international organizations, unilateral acts of states, fragmentation of international law, and shared natural resources. In addition, the Commission decided to start work next year on the effect of armed conflict on treaties and the expulsion of aliens, and to recommend adding a new topic—the obligation to prosecute or extradite—to its long-term program. The following is a summary of where each topic stands and what issues are likely to be most prominent at the Commission's 2005 session.
26
Hoffmeister, F. "Litigating against the European Union and Its Member States - Who Responds under the ILC's Draft Articles on International Responsibility of International Organizations?" European Journal of International Law 21, no. 3 (August 1, 2010): 723–47. http://dx.doi.org/10.1093/ejil/chq048.
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27
McCaffrey, Stephen C. "The Forty-First Session of the International Law Commission." American Journal of International Law 83, no. 4 (October 1989): 937–45. http://dx.doi.org/10.2307/2203386.
Повний текст джерелаАнотація:
The International Law Commission of the United Nations held its 41st session from May 2 to July 21, 1989, under the Chairmanship of Professor Bernhard Graefrath. The most noteworthy achievement of the session was the completion of work on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. The Commission referred this draft to the General Assembly with the recommendation that the Assembly convoke a diplomatic conference for the purpose of concluding a convention on the basis of the articles. Also at the 41st session, the Commission adopted three articles of the Draft Code of Crimes against the Peace and Security of Mankind and discussed reports on state responsibility, international liability for injurious consequences arising out of acts not prohibited by international law, jurisdictional immunities of states and their property, and the law of the non-navigational uses of international watercourses. A report on relations between states and international organizations was presented to the Commission but was not discussed for lack of time. Finally, the Commission once again devoted a number of meetings to reviewing its procedures and methods of work.
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Matheson, Michael J. "The Fifty-Eighth Session of the International Law Commission." American Journal of International Law 101, no. 2 (April 2007): 407–41. http://dx.doi.org/10.1017/s0002930000030153.
Повний текст джерелаАнотація:
The International Law Commission (ILC) of the United Nations held its fifty-eighth session in Geneva from May 1 to June 9, and from July 3 to August 11, 2006. This was the final year of the Commission's most recent five-year term (or quinquennium), and it finished work on several topics by completing sets of draft articles on diplomatic protection, principles on international liability for transboundary harm, “guiding principles” on unilateral acts, and conclusions on fragmentation of international law. The Commission also completed its first reading of articles on transboundary aquifers; continued its work on reservations to treaties, responsibility of international organizations, and the effect of armed conflict on treaties; began its consideration of the obligation to extradite or prosecute and the expulsion of aliens; and added a variety of new topics to its long-term program.
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Paasivirta, Esa. "Responsibility of a Member state of an International Organization: Where Will It End? Comments on Article 60 of the ILC Draft on the Responsibility of International Organizations." International Organizations Law Review 7, no. 1 (2010): 49–61. http://dx.doi.org/10.1163/157237310x523830.
Повний текст джерелаАнотація:
AbstractThe paper addresses the issue of possible responsibility of a member state for acts of an international organization of which it is a member. This particular issue forms part of the on-going work of the International Law Commission of establishing rules for the responsibility of international organizations. The particular challenge is posed by possible “responsibility gaps”, i.e. situations where a state might avoid compliance with its own obligations by prompting the organization of which it is a member to act instead. The paper compares the ILC approach, approaching the issue by way of trying to establish general rules of responsibility (“secondary rules”) and the practice of the EU, which has addressed the issue by tailor-made solutions in the context of specific treaties (“primary rules”). The latter approach is more flexible as it allows individual solutions pertinent to particular circumstances and treaty regimes so as to ensure that either the organization itself or its member state is responsible, depending whichever is genuinely responsible. The paper concludes that the ILC work is progressing in the right direction as it narrows down the possibilities where a member state can be held responsible to cover only situations bordering abuse, rather than more open-ended standards for individual member state responsibility, which can open the door for unpredictable results.
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Ryngaert, Cedric. "Apportioning Responsibility between the UN and Member States in UN Peace-Support Operations: An Inquiry into the Application of the ‘Effective Control’ Standard after Behrami." Israel Law Review 45, no. 1 (March 2012): 151–78. http://dx.doi.org/10.1017/s0021223711000070.
Повний текст джерелаАнотація:
There is a tendency among the judiciary to apply the standard of ‘effective control’ as the applicable yardstick for apportioning responsibility for wrongful acts between the United Nations and the member states contributing troops to UN peace-support operations. This is evidenced by recent decisions in the cases of Srebrenica (Dutch Court of Appeal, 2011), Al Jedda (European Court of Human Rights, 2011) and Mukeshimana (Belgian First Instance Court, 2010), which appear to repudiate the ‘ultimate authority and control’ standard espoused by the European Court of Human Rights in Behrami (2007). This process may have been set in motion by (the current) Article 7 of the ILC's Draft Articles on the Responsibility of International Organizations, which may in due course reflect customary international law. From a policy perspective, the application of an ‘effective control’ standard is highly desirable, as it locates responsibility with the actor who is in a position to prevent the violation.
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Mccaffrey, Stephen C. "The Fortieth Session of the International Law Commission." American Journal of International Law 83, no. 1 (January 1989): 153–71. http://dx.doi.org/10.2307/2202801.
Повний текст джерелаАнотація:
The International Law Commission of the United Nations held its 40th session from May 9 to July 29, 1988, under the Chairmanship of Ambassador Leonardo Díaz-González. The Commission adopted 6 articles of the Draft Code of Crimes against the Peace and Security of Mankind and 14 articles on the law of non-navigational uses of international watercourses. Substantial time was devoted to both international liability for injurious consequences arising out of acts not prohibited by international law and the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Reports on jurisdictional immunities of states and their property and state responsibility were introduced by the special rapporteurs for those topics but were not discussed by the Commission owing to lack of time. The remaining substantive item on the Commission’s agenda, relations between states and international organizations (second part of the topic), was not considered at this session. Finally, the Commission once again devoted substantial time to reviewing its procedures and methods of work.
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Buscemi, Martina. "Misconduct Committed by (Civilian) Private Contractors in Peacekeeping Operations." Journal of International Peacekeeping 23, no. 3-4 (December 18, 2020): 176–202. http://dx.doi.org/10.1163/18754112-02303004.
Повний текст джерелаАнотація:
Abstract In peacekeeping operations, private companies are frequently and increasingly engaged by the United Nations to carry-out a wide-range of activities that can potentially impinge on human rights. This article deals with two recent cases of misconduct committed by contractors whose activities, albeit not on the face of it involving the threat or (lethal or not-lethal) use of force, nonetheless caused harm to individuals. The first case-study relates to the mismanagement of sanitary waste, while the second case addresses the (mis)use of unarmed surveillance drones. Against this backdrop, the article purports to assess whether, and under what conditions, wrongdoing committed by private contractors gives rise to the international responsibility of the United Nations. The study explores, firstly, the question of the ‘direct’ attribution of such conduct to the United Nations, based on the qualification of the contractors as agent of the Organization, as understood in the Draft Articles on the Responsibility of International Organizations. It then analyzes the issue of the ‘indirect’ responsibility of the United Nations for failing to have sufficient oversight of the outsourced activities. In this respect, it highlights the crucial role played by internal accountability mechanisms, in particular the Office of Internal Oversight Services, in appraising the monitoring measures taken by the Organization with regard to the practice of contractors and in recommending remedial actions.
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Bakker, Christine. "DUAL ATTRIBUTION OF ACTS COMMITTED BY A UN PEACEKEEPING FORCE: AN EMERGING NORM OF CUSTOMARY INTERNATIONAL LAW? THE DUTCH SUPREME COURT’S JUDGMENTS IN NUHANOVIÇ AND MUSTAFIĆ." Italian Yearbook of International Law Online 23, no. 1 (November 17, 2014): 287–97. http://dx.doi.org/10.1163/22116133-90230048.
Повний текст джерелаАнотація:
In two cases lodged by victims (or their relatives) of the massacre in Srebrenica in 1995, the Supreme Court of the Netherlands has taken a progressive stance on the interpretation of international law on the responsibility of States and international organizations for wrongful acts. The Supreme Court upheld the earlier decisions of The Hague Court of Appeal, confirming that the Netherlands can be held responsible for the death and injuries of these victims, despite the fact that the Dutch troops employed to protect this enclave were part of a United Nations (UN) peacekeeping force. By accepting the possibility of dual attribution of an internationally wrongful act to both the UN and the troop-sending State, it has departed from the restrictive approach adopted in current judicial practice, in particular by the European Court of Human Rights. In this note, the Supreme Court’s judgments are discussed, focusing on (i) the question of dual attribution of an international wrongful act, and (ii) the extraterritorial application of human rights treaties. It concludes that, although the Supreme Court’s reliance on two sets of Draft Articles of the International Law Commission without referring to any State practice is surprising, these judgments should be welcomed as significant precedents, which may contribute to the development of a norm of customary international law. They also constitute an important step towards ensuring access to justice and reparation for the victims of gross human rights violations, such as those committed in Srebrenica.
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GASANOV, Sergii. "Measuring public debt: international standards and national practices (part 2)." Naukovi pratsi NDFI 2022, no. 3 (December 28, 2022): 5–19. http://dx.doi.org/10.33763/npndfi2022.03.005.
Повний текст джерелаАнотація:
Reliable and internationally comparable statistical information on the debt of the public sector of the national economy is an important factor in substantiating the proposed medium-term debt policy, implementing fiscal rules, monitoring their compliance, taking into account the conditions and “corridors” of flexibility in accordance with the real state of the economy and public finances, system diagnostics and debt sustainability; assessing the impact of debt policy on macroeconomic balance. The demand for objective information on public debt exists both from the legislative and executive authorities, institutions of the public financial management system, and international organizations, participants in financial markets, the broad scientific community, universities and scientific institutions, analytical, research and consulting centers, and other users public finance statistics. Professional public debt management requires reliable and comprehensive debt statistics. Reliable debt statistics that meet international standards helps decision-makers take into account potential fiscal risks, identify areas of fiscal responsibility and vulnerabilities, and apply measures to prevent, counteract and minimize these risks. Тhe definition of an international statistical standard is proposed as a normative statistical document that refers to a set of international statistical concepts, methodologies, methods, classifications, manuals, user manuals, recommendations for compilers, principles, “best practices”, etc., developed by collaborating with international organizations national statistical institutes. The classification of international standards used to measure public debt was carried out according to five groups. The concepts of public debt are disclosed in the context of international statistical standards. The main differences in the definition of public debt and its measurement in accordance with international standards and the practice of EU countries in comparison with national practice are established. A draft law of Ukraine “On the amendments and additions to the first part of Article 2 of the Budget Code of Ukraine (regarding the public debt”) has been developed.
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Schiller, Bernt. "The Global Challenge of Human Rights and Solidarity to Nordic Global Companies and Trade Unions." Nordic Journal of Working Life Studies 4, no. 1 (March 1, 2014): 34. http://dx.doi.org/10.19154/njwls.v4i1.3549.
Повний текст джерелаАнотація:
The idea that corporations, besides making profit, have a social responsibility to society is not new in history. Nor is it new that unions besides representing material interests stand for a universal ambition as defenders of the oppressed in the world. The article argues that corporations’ social responsibility and trade union solidarity, to the extent both are based on universal principles of human rights, ought to open for cooperation concerning Corporate Social Responsibility (CSR), where trade unions should be recognized as important stakeholders in corporations. This idea is new, even if examples exist, and it challenges traditional concepts of the role of management and unions in the company. However, trade unions have taken a critical attitude to CSR, the implementation of which they have mainly been excluded from. Instead, they have tried to get global agreements, Global Framework Agreements (GFAs), with the MNCs.1 In the article the development of the attitudes of the International Trade Union Confederation (ITUC) and of the Nordic national centers is investigated. A long-term historical perspective, in addition to a general theory of collective action will be used to draft the hypothesis that, when unions as interest organizations, through the process of national integration, have achieved a strong position in the domestic labor market, they lack reasons to take transnational action and seek international trade union solidarity. This hypothesis is valid today for the well-established unions in the Nordic countries. But in questions concerning social responsibility and human rights, the article presents the possibility that GFAs might become a platform from which to extend the Nordic model of national partnership to the global level, while at the same time global competition will increasingly make it difficult for the unions to show international solidarity in interest questions of capital investments and outsourcing.
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van der Zee, Eva. "Disciplining Private Standards Under the SPS and TBT Agreement: A Plea for Market-State Procedural Guidelines." Journal of World Trade 52, Issue 3 (May 1, 2018): 393–414. http://dx.doi.org/10.54648/trad2018018.
Повний текст джерелаАнотація:
This article shows that, although private standards could fall within the scope of the Sanitary and Phytosanitary(SPS) or Technical Barriers to Trade(TBT) Agreement, the responsibility of WTO Members to effectively ensure that private standard-setters are not more trade-restrictive than necessary is limited under the respective frameworks. Other mechanisms, rooted in a commercial disguise, would be more effective as they could incentivize private standard-setters to comply with the WTO legal system. It is argued that WTO Members worried about the trade-restrictive nature of private standards should draft procedural guidelines in collaboration with intergovernmental organizations(IGOs) and private multi-stakeholder standard-setting bodies. Such procedural guidelines should be aimed at simplifying the certification process and making it easier for farmers and producers to comply with the private standard.
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Sakharuk, I. "THE ROLE OF SOCIAL DIALOGUE FOR IMPROVING THE SYSTEM OF EMPLOYEE'S PROFESSIONAL DEVELOPMENT IN UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 119 (2021): 83–87. http://dx.doi.org/10.17721/1728-2195/2021/4.119-16.
Повний текст джерелаАнотація:
The article is examining the role of social dialogue and its subjects in promoting the concept of lifelong learning for employees. It has been proven that the development and implementation of lifelong learning systems is a shared responsibility of the social partners – government officials, employers and employees. The bilateral or tripartite social dialogue will ensure a truly integrated approach, that takes into account the interests of all parties and promotes more effective implementation of lifelong learning programs. The main documents of the International Labour Organization about the professional development of employees have been reviewed. Based on their analysis, the author identifies the main tasks and directions of influence of trade unions and employers to ensure continuous training of employees. It is emphasized that the ILO regulates the need for strengthening the social dialogue on professional development, including involvement of the social partners in the development of national strategies in the field of education and training, monitoring trends in competencies etc. Legal basis for the participation of social partners in the formation and implementation of state policy on adult education in Ukraine was determined. Proposals were made to improve national legislation and draft laws in the sphere of professional development of employees to increase the role of trade unions and employers' organizations in promoting the lifelong learning.
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Клименко, А. Л. "Updating Labor Legislation in the Context of Introducing Independent Forms of Work: Telecommuting and Work from Home." Law and Safety 80, no. 1 (March 19, 2021): 144–50. http://dx.doi.org/10.32631/pb.2021.1.20.
Повний текст джерелаАнотація:
The preconditions and directions of improving legal regulation of telecommuting have been studied. The author has found out the specifics of the legal nature of the concepts of “work from home” and “telecommuting” in terms of the approach to the possibilities of various forms of labor organization and labor relations regarding the events related to the pandemic (COVID-19) and consequences for the Ukrainian labor market. Based on the application of general and special methods of scientific cognition, the author has clarified the essence and has expanded the content of two independent types (forms of work): telecommuting and work from home in the context of amendments in domestic labor legislation (draft Law No. 4051: Articles 601 and 602).
The institutional nature of the concepts of “remote work”, “teleworking”, “telecommuting”, “work from home” from the standpoint of international experience has been revealed. It has been concluded that work from home is considered more sustainable concept, while telecommuting is remote work from anywhere, with a flexible schedule. It has been clarified that the term of “work from home” in the context of the pandemic (COVID-19) is used in the legislation of a number of foreign countries to denote only remote work at home as a temporary alternative workplace.
The author has characterized the mechanism of the organization of telecommuting and work from home according to the draft Law No. 4051, in particular, the author has revealed characteristic features, adaptation mechanism, obligations and responsibilities of the parties, features of measuring the productivity of employees. Based on studying the experience of foreign countries in matters of legislative provision of telecommuting (Austria, the Netherlands, Poland, USA) and the practice of domestic companies, it has been concluded that the home workplace is nothing more than an “extension” or “superstructure” of the employer’s workspace within the organization of the work from home.
The author has substantiated the rational approaches based on the current state of affairs at the labor market and in the economy of Ukraine regarding the most correct interpretation of these norms by both parties – employees and the employer to minimize any misunderstandings and risks. Given the risks of the external environment as a possible danger, it has been suggested an in-depth rethinking of approaches to legal support for the work from home and telecommuting, taking into account international practice and recommendations of the International Labor Organization. The emphasis has been placed on the need to find alternative solutions that are in the plane of social responsibility of the employer in matters of protecting labor rights of employees and the prevention of any discrimination.
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Rusin, Roman, Oleg Dubinskiy, and Roman Kharytonov. "IMPLEMENTATION OF INTERNATIONAL ANTI-CORRUPTION STANDARDS IN THE ECONOMIC SPACE." Baltic Journal of Economic Studies 7, no. 5 (December 27, 2021): 184–91. http://dx.doi.org/10.30525/2256-0742/2021-7-5-184-191.
Повний текст джерелаАнотація:
Corruption as an anti-social phenomenon was initially considered in the moral, social and legal dimension. It was not until the 1970s that corruption began to be studied as an economic category and became a subject of systemic economic analysis. It should be emphasized that in legal practice, corruption is most often interpreted as a socially dangerous illegal phenomenon, which is a consequence of blackmail, bribery, venality of officials that use their authority for personal enrichment, disregarding the interests of other members of society. Therefore, corruption is usually seen as a type of offense and criminal actions of officials in contradiction to the interests of the state and its citizens. And anti-corruption measures are associated with the improvement of the current legislation in terms of ensuring the inevitability of responsibility for corruption and corruption-related offenses. At the same time, given that corruption is inseparable from the shadow economy, it is necessary to study these two phenomena as a single system and consider anti-corruption policy as a key component of the fight against the shadow economy. The world community, in particular the EU, has a well-developed system of state regulation, which many countries are guided by. Despite this, the budgets of EU countries lose a certain amount each year from corruption schemes in the economic sphere. The aim of the article is to study the theoretical and institutional foundations of anti-corruption policy as a component of the fight against shadow economy to update the powers of relevant authorities in terms of their implementation in international anti-corruption standards in the economic space. In Ukraine, anti-corruption policy is implemented in the context of the creation of an institutional system to prevent and combat corruption, which includes specialized organizations, legislation, the formation of special mechanisms to prevent and combat corruption, etc. At present, the following bodies have already been established and are functioning in Ukraine: National Agency on Corruption Prevention (NACP), National Anti-Corruption Bureau of Ukraine (NABU), Specialized Anti-Corruption Prosecutor's Office (SAPO), Asset Recovery and Management Agency, High Anti-Corruption Court of Ukraine, and some tasks in the field of combating corruption are performed by the prosecutor's office and the National Police of Ukraine. The State Financial Monitoring Service of Ukraine collects, analyzes and publishes information on suspected cases of withdrawal of funds of possible criminal origin. The results of the conducted research indicate that most of the goals set by the Anti-Corruption Strategy for 2014-2017 were not achieved in the previous years. Consequently, measures should continue to be taken both to increase the effectiveness of institutional mechanisms for preventing and countering corruption and to eliminate corruption risks in different sectors (primarily those where there is a high experience of corruption and/or the worst perception of corruption of the institutions involved). The combination of both approaches can give the greatest result in reducing the level of corruption in the coming years, so this is the basis of the proposed draft concept of anti-corruption policy for 2020-2024. The implementation of international standards contributed both to the development of the system of prevention and counteraction to corruption (including specialized institutions) and to the reduction of corruption in some sectors by eliminating corruption risks, which were systemic and structural in nature. Further implementation of these commitments and intentions will have a positive impact on reducing corruption and demonstrates the political will at all levels to achieve tangible results of implementing anti-corruption policies.
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Kaye, David. "International Law Commission: Draft Articles on State Responsibility." International Legal Materials 37, no. 2 (March 1998): 440–67. http://dx.doi.org/10.1017/s0020782900018350.
Повний текст джерелаАнотація:
State responsibility has been on the agenda of the International Law Commission since its earliest days. Nearly fifty years ago, in 1949, the Commission identified state responsibility as one of fourteen topics in international law ready for codification. Only in 1956, however, did the Commission, with F.V. Garcia Amador as special rapporteur, begin in earnest its state responsibility codification project. Garcia Amador, whose work focused on the responsibility of states toward aliens on their territory, submitted a number of reports through 1961, but limited discussion was devoted to the topic. A review of the early history of the Commission's state responsibility project, as well as other efforts at codification of this area of law, may be found in the ILC's 1969 Yearbook
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Abdullah, Dawan Mohammed Jaza. "The Nature of International Responsibility of States in the Contemporary World Arena." Journal of University of Human Development 5, no. 4 (October 17, 2019): 50. http://dx.doi.org/10.21928/juhd.v5n4y2019.pp50-59.
Повний текст джерелаАнотація:
The subject of state responsibility occupies a central place in international law. Its basic principle, now well established, provides that every internationally wrongful act entails the responsibility of the state. One of the most controversial problems regarding the international responsibility of the state for wrongful acts concerns the nature of such responsibility. The present paper examines the nature of state responsibility for international wrongful acts under existing international law. It takes the view that the International Law Commission (ILC), in its Draft Articles on State Responsibility can be applied in case of breach of any international obligations by states because there is no international convention regarding state responsibility on the international plane. Finally, the study concludes that the identification of the nature of the state responsibility seems to be much more complicated since ILC’s Articles do not explicitly address the issue of whether responsibility of state for wrongful act or omission is strict liability (objective theory) or there must be some fault (subjective theory) in the conduct of state in order to hold responsibility; customary international law to some extent does not help in filling the gap exists in ILC’s Draft Articles on state responsibility with regard to objective and subjective theories because it supports both theories.
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Crawford, J. "Revising the draft articles on state responsibility." European Journal of International Law 10, no. 2 (February 1, 1999): 435–60. http://dx.doi.org/10.1093/ejil/10.2.435.
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Wouters, Jan, and Jed Odermatt. "Are All International Organizations Created Equal?" International Organizations Law Review 9, no. 1 (2012): 7–14. http://dx.doi.org/10.1163/15723747-00901016.
Повний текст джерелаАнотація:
This contribution briefly discusses the methodological and conceptual issues faced by the ILC during its work on the responsibility of international organizations. It examines some of the key challenges faced by the ILC, including the lack of relevant international practice, and the diversity of international organizations. It argues that while the responsibility of international organizations remains an important topic for international law, the law is not yet developed enough for codification of secondary rules to apply to all international organizations. In some cases, this led the ILC to rely heavily on its Articles of States Responsibility. This approach pushed the work of the ILC closer to ‘progressive development’ of the law than to codification.
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Nedeski, Nataša, and André Nollkaemper. "Responsibility of International Organizations ‘in connection with acts of States’." International Organizations Law Review 9, no. 1 (2012): 33–52. http://dx.doi.org/10.1163/15723747-00901012.
Повний текст джерелаАнотація:
This article offers some reflections on the way in which the ILC Articles on the Responsibility of International Organizations (ARIO) have addressed the responsibility of international organizations for conduct of member States implementing their normative acts. The ILC has chosen to deal with this issue through the concept of responsibility ‘in connection with’ acts of States, which it had already included in its Articles on State Responsibility (ASR), and more in particular through article 17 on ‘circumvention’. Focusing primarily on this provision, we argue that the attempt to address this particular type of responsibility forced the ILC to relax the conceptual straightjackets it had opted for in the ASR, thereby exposing certain ambiguities in the foundations of the law of international responsibility.
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d’Aspremont, Jean. "The Articles on the Responsibility of International Organizations: Magnifying the Fissures in the Law of International Responsibility." International Organizations Law Review 9, no. 1 (2012): 15–28. http://dx.doi.org/10.1163/15723747-00901009.
Повний текст джерелаАнотація:
It is against the backdrop of the conceptual impairment inherited from the Articles on State Responsibility (hereafter ASR) that this note, rather than zeroing in on what could have been better devised at the micro-level of the Articles on the Responsibility of International Organizations (hereafter ARIO), adopts a holistic view on the approaches to the law of international responsibility. In so doing, the ARIO are not approached in isolation but together with the ASR. This paper argues that, envisaged together with the ASR, the ARIO magnify the structural straits of the law of international responsibility. It more particularly argues that the ARIO reveal that the minor and almost invisible defects at the level of the ASR have enlarged on the occasion of their transposition to the responsibility of international organizations, unveiling the conceptual fissures of the whole law of international responsibility (Section 1). It then formulates a few epistemological considerations on how a normative instrument that so openly lays bare the limits of the current law of international responsibility could nonetheless be usefully received by our professional community (Section 2).
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Ahlborn, Christiane. "The Allocation of International Responsibility between International Organizations and Their Member States: A Case of Indirect Responsibility?" European Journal of International Law 31, no. 2 (September 2020): 755–70. http://dx.doi.org/10.1093/ejil/chaa032.
Повний текст джерелаАнотація:
Abstract While the responsibility of international organizations and their member states has been on the agenda of courts and scholars for decades, the adoption of the Articles on the Responsibility of International Organizations (ARIO) by the International Law Commission in 2011 has given new impetus to the debate. Nikolaos Voulgaris’ Allocating International Responsibility between Member States and International Organizations is one of the few general books on the topic that post-dates the adoption of the ARIO. Despite its broad title, however, the focus of the book is rather narrow: it concentrates on the responsibility of an international organization or a state in connection with the act of a/another state or international organization, which Voulgaris describes as ‘indirect responsibility’. Considering the book’s extensive discussion of the function and nature of international responsibility, this review essay first submits that the book’s actual aim is a rethinking of indirect responsibility. Second, it examines Voulgaris’ reconceptualization of the pertinent provisions on indirect responsibility in terms of what he calls the ‘complicity’ and ‘derivative responsibility’ models. This review essay concludes that the reader who expects detailed guidance on the allocation of responsibility between international organizations and their member states will be left wanting. Instead, the interaction between international organizations and their member states serves as an illustration for the book’s insightful analysis of the under-theorized provisions on international responsibility in connection with the act of another.
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Blokker, Niels. "Member State Responsibility for Wrongdoings of International Organizations." International Organizations Law Review 12, no. 2 (April 27, 2015): 319–32. http://dx.doi.org/10.1163/15723747-01202003.
Повний текст джерелаАнотація:
It is the aim of this contribution to demonstrate why it is necessary that international organizations are themselves responsible for their own wrongful acts and why there is and should be only a secondary, rather limited role for member state responsibility, as reflected in the 2011 ilc Articles on the Responsibility of International Organizations. Two examples from practice are discussed in this context: judgments by Dutch courts relating to the 1995 Srebrenica genocide, and the icao principle of ‘ultimate State responsibility’ in the light of the attribution of powers to Regional Safety Oversight Organizations. In addition, it is argued that it is in the long-term interest of both international organizations and their member States to create and develop appropriate, tailor-made accountability mechanisms where necessary. A proposal is made to use the Permanent Court of Arbitration as a general forum for claims against international organizations.
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Bordin, Fernando Lusa. "REFLECTIONS OF CUSTOMARY INTERNATIONAL LAW: THE AUTHORITY OF CODIFICATION CONVENTIONS AND ILC DRAFT ARTICLES IN INTERNATIONAL LAW." International and Comparative Law Quarterly 63, no. 3 (July 2014): 535–67. http://dx.doi.org/10.1017/s0020589314000220.
Повний текст джерелаАнотація:
AbstractCodification conventions and draft articles completed by the International Law Commission are often—and increasingly—invoked by courts, tribunals, governments and international organizations as ‘reflections of customary international law’. This article discusses the factors explaining the authority that these ‘non-legislative codifications’ have come to enjoy in international legal reasoning. Moving beyond the traditional explanations of codification conventions as evidence of State practice and ILC draft articles as the teaching of publicists, it considers how, against the backdrop of the uncertainty of customary international law, institutional factors (relating to authorship, representation and procedure) and textual factors (including prescriptive form and the absence of a distinction between ‘codification’ and ‘progressive development’) converge to convey the image that the resulting texts constitute the most authoritative restatement of the existing law. It then assesses this phenomenon in light of the political ideal of the international rule of law. While non-legislative codifications contribute to enhancing the clarity, consistency and congruence of international law, the fact that they may portray novel rules as reflecting existing law inevitably raises legality concerns.
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Harhoff, Frederik. "Draft Articles on State Responsibility Adopted by the Drafting Committee." Nordic Journal of International Law 61-62, no. 1-4 (April 16, 1992): 382–84. http://dx.doi.org/10.1163/15718107-90000045.
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Harhoff, Frederik. "Draft Articles Referred to the Drafting Committee on State Responsibility." Nordic Journal of International Law 61-62, no. 1-4 (April 16, 1992): 385–88. http://dx.doi.org/10.1163/15718107-90000046.
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