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Allocating International Responsibility Between Member States and International Organisations

Allocating International Responsibility Between Member States and International Organisations

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509925728
  • 出版时间 May 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509946044
S$191.25
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  • 描述 
  • 大纲 
  • 详细

    The ever-growing interaction between member States and International Organisations results, all the more 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 impair their application and dent 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 after 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 G Scelle's 'dédoublement fonctionnel theory' and R Ago's 'derivative responsibility' model, the book employs old ideas to offer original argumentation to a topic that has been dealt with extensively by recent commentators.

  • 1. Introduction
    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"
    "1. Introduction
    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

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