Responsibility of International Organizations: Essays in Memory of Sir Ian BrownlieMaurizio Ragazzi Martinus Nijhoff Publishers, 4 lug 2013 - 516 pagine In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations. |
Sommario
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 |
453 | |
467 | |
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Parole e frasi comuni
adopted Advisory Opinion agreements applicable assembly attribution of conduct authority breach charter codification commentaries 2011 comments and observations commission’s articles concerning constituent instrument constitutes context convention countermeasures court of human decision dispute draft articles Droit International effective control entity established european court european Union exercise functions gaja Global Mechanism human rights ian brownlie ibid ICJ Reports ifad Institut international law commission international law commission’s international legal international obligations international organiza international organizations international responsibility internationally wrongful act issue Judgment law of international legal personality lex specialis liability nization norms observations received ofits ofthe organization operations orga organ or agent organization’s paragraph paras peacekeeping peremptory norms practice principle progressive development Quartet question Recs relations relevant reparation report on responsibility resolution responsibility of international responsibility ofinternational organizations rio articles security council Sixty-sixth Session special rapporteur supp tion tional organizations ultra vires United Nations world Bank YILC