| Edition |
First edition. |
| Physical description |
1 online resource (264 pages). |
| Series |
Studies in international law ; volume 70 |
|
Studies in international law (Oxford, England) ; v. 70.
|
| Notes |
Compliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily. |
| Bibliography |
Includes bibliographical references and index. |
| Contents |
I. Introduction -- II. Interaction Between International Organisation and Member States -- III. A Description of the Problem -- IV. Addressing the Problem -- 2. The Function and Nature of International Responsibility -- I. Introduction -- II. Function of International Responsibility: 'No Responsibility, No Law' -- III. International Responsibility and the Subjects of International Law -- IV. Nature of International Responsibility -- V. Conclusion -- PART I -- MEMBER STATE-INTERNATIONAL ORGANISATION INTERACTION ON THE BASIS OF THE PARTICULAR MEMBER -- STATE-INTERNATIONAL ORGANISATION RELATIONSHIP -- 3. Reassessing the Particular Member State-International Organisation Relationship -- I. Introduction -- II. Relationship from an Inside-out Perspective: States in an Organisational Setting -- III. Relationship from an Outside-in Perspective: Ramifications of the International Organisation's Legal Personality -- IV. Exceptions to the 'Exclusive International Organisation Responsibility' Rule -- V. Conclusion -- PART II -- MEMBER STATE-INTERNATIONAL ORGANISATION INTERACTION AS INDEPENDENT SUBJECTS -- OF INTERNATIONAL LAW -- 4. The Applicable Responsibility Models -- I. Introduction -- II. Direct Responsibility: Responsibility in Connection with Own Conduct -- III. Indirect Responsibility: Responsibility in Connection with the Conduct of Another -- IV. Conclusion -- 5. Circumvention of Obligations through Member States -- I. Introduction -- II. ARIO, Article 17(1) and the Derivative Responsibility Model -- III. ARIO, Article 17(2) and the Complicity Model -- IV. Conclusion -- 6. Circumvention of Obligations through the International Organisation -- I. Introduction -- II. A Legal Analysis of ARIO, Article 61 -- III. ECtHR Case Law and Article 61: A Relationship Lost in Causation -- IV. Conclusion -- PART III -- INTERACTIONS INTERTWINED -- 7. Responsibility at the Decision-making Level -- I. Introduction -- II. Control from Within/Derivative Responsibility -- III. ARIO, Article 58(2): Aid or Assistance -- IV. Conclusion -- 8. Concluding Remarks. |
| Summary |
"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."--Bloomsbury Publishing. |
| Other formats |
Also issued in print. |
| Reproduction |
Electronic reproduction. London : Bloomsbury Publishing, 2019. Available via World Wide Web. Access limited by licensing agreement. |
| Subject |
United Nations. International Law Commission. Draft Articles on the Responsibility of International Organisations.
|
|
Tort liability of international agencies.
|
|
Government liability (International law)
|
| ISBN |
9781509925759 (online) |
|
9781509925728 (hardback) |
|
9781509925735 (electronic book) |
|
9781509925742 (pdf) |
|
