Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie

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Maurizio Ragazzi
Martinus Nijhoff Publishers, 9 lug 2013 - 516 pagine
Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie is a unique collection of different and often differing perspectives from experts in the field, ranging from the bench to the International Law Commission, academia, and the world of in-house counsel. A companion volume to the book of essays that the same editor prepared in 2005 in memory of Oscar Schachter, this volume is also a memorial to the late Sir Ian Brownlie shortly after the 80th anniversary of his birth.
 

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Indice

Chapter One Some Reflections on Basic Issues Concerning the Responsibility of International Organizations
3
The Law Relating to International Organizations as an Example
15
Chapter Three Codification Progressive Development or Scholarly Analysis? The Art of Packaging the ILCs Work Product
29
Chapter Four International Organizations Are Definitely Not States Cursory Remarks on the ILC Articles on the Responsibility of International Organ...
41
Chapter Five Weighing the Articles on Responsibility of International Organizations
55
Part Two Assessing the Commissions Approach State Responsibility and Responsibility of International Organizations
67
i General Considerations
69
Chapter Six An Assessment of the ILCs Articles on the Responsibility of International Organizations
71
Chapter Twenty The World Bank and the ILCs Project on the Responsibility of International Organizations
235
iii Other Entities
249
Selected Reflections from the Perspective of a Former Legal Counsel to the Holy See
251
The Case of the Quartet on the Middle East
261
Chapter TwentyThree Attribution of Conduct after the Advisory Opinion on the Global Mechanism
275
Part Four Special Concerns Selected Issues Regarding the Articles
289
i Responsibility and Member States
291
Chapter TwentyFour Responsibility of Member States towards Third Parties for an Internationally Wrongful Act of the Organization
293

Chapter Seven International Organizations and State Responsibility
79
Chapter Eight Viability of the ILCs Articles Formulated on the Basis of the Articles on State Responsibility
89
ii Comparing the Two Sets of Articles
95
Remarks on the Relationship between the Two Sets of ILC Articles on International Responsibility and the UN Charter
97
Chapter Ten An Uneasy Transition? Linkages between the Law of State Responsibility and the Law Governing the Responsibility of International Or...
109
Chapter Eleven Within and Beyond Mutatis Mutandis
121
iii Lex SpecialisRules of the Organization
133
Chapter Twelve The Role of Lex Specialis in the Articles on the Responsibility of International Organizations
135
Chapter Thirteen Reflections on the Scope of Application of the Articles on the Responsibility of International Organizations
147
Chapter Fourteen Practice as a Relevant Factor for the Responsibility of International Organizations
159
Part Three Particular Perspectives International Organizations and Other Entities
173
i United Nations and Other International Organizations
175
Chapter Fiften The ILCs Articles Seen from a WHO Perspective
177
Chapter Sixteen European Exceptionalism in International Law? The European Union and the System of International Responsibility
189
The Interplay between the Practice and the Rule A View from the United Nations
201
ii International Financial Institutions
211
Some Considerations on Responsibility Issues under Partnerships among International Financial Institutions
213
Chapter Nineteen Codification Progressive Development or Innovation? Some Reflections on the ILC Articles on the Responsibility of International ...
225
The Obligation of Members to Enable the Organization to Make Reparation
303
Chapter TwentySix The Responsibility of International Organizations and Their Member States
313
Some Observations
325
ii Responsibility and the CourtsCountermeasures
337
Chapter TwentyEight Responsibility of International Organizations and Justiciability of Disputes
339
What Role for the International Court of Justice?
351
Implementing the Responsibility of International Organizations
361
Chapter ThirtyOne Countermeasures by Member States against International Organizations
373
iii Use of ForcePeacekeeping Operations
387
Chapter ThirtyTwo The Notion of Efective Control under the Articles on the Responsibility of International Organizations
389
Chapter ThirtyThree United Nations Responsibility from Authorizing the Use of Force
405
Exploring the Organic Link
415
Appendix One United Nations General Assembly Resolution 66100 Responsibility of International Organizations adopted on December 9 2011
429
Appendix Two International Law Commissions General Commentary on the Articles
449
Bibliography
453
Index
467
Copyright

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