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New Arrival Reassessing the Articles on the Responsibility of International Organizations: From Theory to Practice

Reassessing the Articles on the Responsibility of International Organizations: From Theory to Practice

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781035309108
  • 出版时间 October 2024
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: RM819.38

RM794.80 Save RM24.58 (3%)

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  • 描述 
  • 大纲 
  • 详细

    This book critically examines the reception and application of the 2011 Articles on the Responsibility of International Organizations (ARIO), assessing their effectiveness and limitations. Adopting a panoptic approach, it explores the theory underlying the concept of responsibility for internationally wrongful acts in ARIO through both doctrinal analysis and practical case studies.

    The editors have brought together a diverse group of legal experts to analyze various fields in the law of responsibility for international organizations (IOs), including questions of attribution, shared responsibility, the implementation of responsibility, and the progressive development of ARIO rules. The book argues that, despite its rare application, the ARIO are a useful resource for ascertaining the responsibility of IOs in the form of judicial, non-judicial, internal or external control mechanisms. Ultimately, the book demonstrates that the ARIO constitute an authoritative legal source, capable of guiding IOs in reforming their internal law.

    Providing a variety of empirically-grounded and theoretical perspectives, this book is an excellent resource for researchers, scholars and students of law, arbitration and dispute resolution, public international law and international relations. Readers will also benefit from the applied nature of the text and the book’s forward-thinking approach.

  • Foreword ix
    Introduction to reassessing the articles on the responsibility of international organizations 1
    Antal Berkes, Richard Collins and Rossana Deplano

    PART I. ASSESSING ARIO TEN YEARS LATER
    1.
    Ten years spent attributing the conduct to an international organization 17
    Lorenzo Gasbarri
    2.
    The customary status of the articles on responsibility of international organizations: a critical assessment of its scholarly treatment 35
    Diego Mejía-Lemos

    PART II. RESPONSIBILITY IN PRACTICE: SELECT CASE STUDIES
    3.
    The responsibility of the United Nations during stabilization operations 64
    Alexander Gilder
    4.
    The international responsibility of the North Atlantic Treaty Organization – does ARIO represent an effective tool? 86
    Petra Ditrichová
    5.
    The role of ARIO’s attribution rules in determining respondent under the CETA 104
    Zdeněk Nový

    PART III. SHARED RESPONSIBILITY
    6.
    International organizations in the law of the sea framework: overcoming the hurdles of international responsibility 133
    Vonintsoa Rafaly
    7.
    The responsibility of international organisations for international data sharing 147
    Antal Berkes
    8.
    Many hands in the black box: artificial intelligence and the responsibility of international organizations 168
    Magdalena Pacholska
    9.
    Responsibility of international organizations for the conduct of private military and security companies 185
    Bence Kis Kelemen and Ágoston Mohay

    PART IV. PROGRESSIVE DEVELOPMENT
    10.
    The third party effects of IO internal rules for responsibility allocation 207
    Vassilis Pergantis
    11.
    Responsibility of arbitral institutions: a dual approach to institutional wrongdoings 225
    Nikola Kurkov‡ Kl’mov‡
    12.
    Rethinking the responsibility of the International Committee of the Red Cross: a sui generis regime 243
    Sergey Sayapin
    13.
    COVID-19 and the World Health Organization: further exposing weaknesses in the foundation of the law of
    responsibility 260
    Scarlett McArdle
    Conclusion to 'Reassessing the articles on the responsibility of international organizations' 284
    Antal Berkes, Richard Collins and Rossana Deplano

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