Allocating International Responsibility Between Member States And International Organisations

Author : Nikolaos Voulgaris
Publisher : Bloomsbury Publishing
ISBN 13 : 1509925732
Total Pages : 256 pages
Book Rating : 4.35/5 ( download)

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Download or read book Allocating International Responsibility Between Member States and International Organisations written by Nikolaos Voulgaris and published by Bloomsbury Publishing. This book was released on 2019-05-16 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ever-growing interaction between member States and international organisations results, all too often, in situations of non-conformity with international law (eg peacekeeping operations, international economic adjustment programmes, counter-terrorism sanctions). Seven years after the finalisation of the International Law Commission's Articles on the Responsibility of International Organisations (ARIO), international law on the allocation of international responsibility between these actors still remains unsettled. The confusion around the nature and normative calibre of the relevant rules, the paucity of relevant international practice supporting them and the lack of a clear and principled framework for their elaboration impairs their application and restricts their ability to act as effective regulatory formulas. This study aims to offer doctrinal clarity in this area of law and purports to serve as a point of reference for all those with a vested interest in the topic. For the first time since the publication of the ARIO, all international responsibility issues dealing with interactions between member States and international organisations are put together in one book under a common approach. Structured around a systematisation of the interactions between these actors, the study provides an analytical framework for the regulation of indirect responsibility scenarios. Based on the ideas of the intellectual fathers of international law, such as Scelle's 'dédoublement fonctionnel' theory and Ago's 'derivative responsibility' model, the book employs old ideas to add original argumentation to a topic that has been dealt with extensively by recent commentators.

Author : Maurizio Ragazzi
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004256083
Total Pages : 515 pages
Book Rating : 4.88/5 ( download)

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Download or read book Responsibility of International Organizations written by Maurizio Ragazzi and published by Martinus Nijhoff Publishers. This book was released on 2013-07-04 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Ana Sofia Barros
Publisher : BRILL
ISBN 13 : 9004319808
Total Pages : 244 pages
Book Rating : 4.06/5 ( download)

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Download or read book International Organizations and Member State Responsibility written by Ana Sofia Barros and published by BRILL. This book was released on 2016-10-20 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Organizations and Member State Responsibility: Critical Perspectives compiles novel approaches within academia and legal practice that reflect the evolution of the contemporary law of international (member state) responsibility. This Volume was previously published as International Organizations Law Review Vol. 12, issue 2 (2015).

Author : Emilija Leinarte
Publisher : Cambridge University Press
ISBN 13 : 1108981232
Total Pages : 545 pages
Book Rating : 4.31/5 ( download)

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Download or read book Functional Responsibility of International Organisations written by Emilija Leinarte and published by Cambridge University Press. This book was released on 2021-12-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a novel approach to the allocation of international responsibility in a multilayered structure like the European Union. Introducing a new concept of functional international responsibility, this study finds that in international economic law the focus of international dispute settlement bodies is not on the responsible party, but on a party best placed to bear responsibility. The book offers a comprehensive analysis of international rules of responsibility and international dispute settlement practice, primarily that of the World Trade Organization and investment arbitration. The study offers a practically applicable approach to questions of international responsibility which will assist international adjudicators, EU and Member States' officials and third country government agents who negotiate economic agreements and are involved in international economic disputes. The book is also relevant to those interested in the governance and accountability questions under the new EU-UK Trade and Cooperation Agreement.

Author : Emilija Leinarte
Publisher : Cambridge University Press
ISBN 13 : 9781108838887
Total Pages : pages
Book Rating : 4.8X/5 ( download)

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Download or read book Functional Responsibility of International Organisations written by Emilija Leinarte and published by Cambridge University Press. This book was released on 2021-08-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : James Crawford
Publisher : Oxford University Press
ISBN 13 : 0199296979
Total Pages : 1364 pages
Book Rating : 4.72/5 ( download)

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Download or read book The Law of International Responsibility written by James Crawford and published by Oxford University Press. This book was released on 2010-05-20 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

Author : Malcolm Evans
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251030
Total Pages : 382 pages
Book Rating : 4.33/5 ( download)

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Download or read book The International Responsibility of the European Union written by Malcolm Evans and published by Bloomsbury Publishing. This book was released on 2013-03-12 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union's international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective.

Author : André Nollkaemper
Publisher : Cambridge University Press
ISBN 13 : 1316195384
Total Pages : 399 pages
Book Rating : 4.83/5 ( download)

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Download or read book Principles of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2014-12-04 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.

Author : Lorenzo Gasbarri
Publisher : Oxford University Press
ISBN 13 : 019264890X
Total Pages : 257 pages
Book Rating : 4.07/5 ( download)

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Download or read book The Concept of an International Organization in International Law written by Lorenzo Gasbarri and published by Oxford University Press. This book was released on 2021-04-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite their exponential growth in number and activities, there is not an established legal concept of an international organization. This book tackles the topic by examining the nature of the legal systems developed by international organizations. It is the first comprehensive study of the concepts by which international organizations' legal systems are commonly understood: functionalism, constitutionalism, exceptionalism, and informalism. Its purpose is threefold: to trace the historical origins of the different concepts of an international organization, to describe four groups under which these different notions can be aligned, and to propose a theory which defines international organizations as 'dual entities'. The concept of an international organization is defined by looking at the nature of the legal systems they develop. The notion of 'dual legal nature' describes how organizations create particular legal systems that derive from international law. This situation affects the law they produce, which is international and internal at the same time. The effects of the dual legal nature are considered by analysing international responsibility, the law of treaties, and the validity of organizations' acts.

Author : Emilija Leinarte
Publisher :
ISBN 13 : 9781108969048
Total Pages : 267 pages
Book Rating : 4.46/5 ( download)

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Download or read book Functional Responsibility of International Organizations written by Emilija Leinarte and published by . This book was released on 2021 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a novel approach to the allocation of international responsibility in a multilayered structure like the European Union. Introducing a new concept of functional international responsibility, this study finds that in international economic law the focus of international dispute settlement bodies is not on the responsible party, but on a party best placed to bear responsibility. The book offers a comprehensive analysis of international rules of responsibility and international dispute settlement practice, primarily that of the World Trade Organization and investment arbitration. The study offers a practically applicable approach to questions of international responsibility which will assist international adjudicators, EU and Member States' officials and third country government agents who negotiate economic agreements and are involved in international economic disputes. The book is also relevant to those interested in the governance and accountability questions under the new EU-UK Trade and Cooperation Agreement.