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Allocating international responsibility between member states and international organisations

Allocating international responsibility between member states and international organisations (1회 대출)

자료유형
단행본
개인저자
Voulgaris, Nikolaos.
서명 / 저자사항
Allocating international responsibility between member states and international organisations / Nikolaos Voulgaris.
발행사항
Oxford, UK ;   Chicago, Illinois :   Hart Publishing,   c2019.  
형태사항
xxiv, 233 p. ; 24 cm.
총서사항
Studies in international law ;volume 70
ISBN
9781509925728 (hardback)
요약
"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"--
서지주기
Includes bibliographical references and index.
일반주제명
Tort liability of international agencies. Government liability (International law).
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001 000046004413
005 20191105140730
008 191104s2019 enk b 001 0 eng d
010 ▼a 2018059642
020 ▼a 9781509925728 (hardback)
035 ▼a (KERIS)REF000018870784
040 ▼a DLC ▼b eng ▼e rda ▼c DLC ▼d 211009
050 0 0 ▼a KZ4850.3 ▼b .V68 2019
082 0 0 ▼a 341.2 ▼2 23
084 ▼a 341.2 ▼2 DDCK
090 ▼a 341.2 ▼b V973a
100 1 ▼a Voulgaris, Nikolaos.
245 1 0 ▼a Allocating international responsibility between member states and international organisations / ▼c Nikolaos Voulgaris.
260 ▼a Oxford, UK ; ▼a Chicago, Illinois : ▼b Hart Publishing, ▼c c2019.
300 ▼a xxiv, 233 p. ; ▼c 24 cm.
490 1 ▼a Studies in international law ; ▼v volume 70
504 ▼a Includes bibliographical references and index.
520 ▼a "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"-- ▼c Provided by publisher.
610 2 0 ▼a United Nations. ▼b International Law Commission. ▼t Draft Articles on the Responsibility of International Organisations.
650 0 ▼a Tort liability of international agencies.
650 0 ▼a Government liability (International law).
830 0 ▼a Studies in international law ; ▼v volume 70.
945 ▼a KLPA

소장정보

No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 중앙도서관/법학도서실(법학도서관 지하1층)/ 청구기호 341.2 V973a 등록번호 111817137 도서상태 대출가능 반납예정일 예약 서비스 B M

컨텐츠정보

목차

1. Introduction
I. Introduction
II. Interaction Between International Organisation and Member States
III. A Description of the Problem
IV. Addressing the Problem
A. Aim of the Book
B. Progressive Development of International Law in the ARIO
C. Structure of the Argument
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
A. International Responsibility as the Expression of Legal Principles Without Exceptions
B. Content of International Responsibility
C. Applicability 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
A. Organisational Veil
B. On Liability and Responsibility: ‘Exclusive International Organisation Responsibility’ Rule
IV. Exceptions to the ‘Exclusive International Organisation Responsibility’ Rule
A. Acceptance of Responsibility
B. Third Party Reliance
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
A. Complicity Model
B. Derivative Responsibility Model
IV. Conclusion
5. Circumvention of Obligations through Member States
I. Introduction
II. ARIO, Article 17(1) and the Derivative Responsibility Model
A. Intentional de Jure Restriction of Freedom of Action
B. Article 17(1) as an Opportunity to Change the Operation of International Organisations
III. ARIO, Article 17(2) and the Complicity Model
A. Authorisation as Facilitation
B. Article 17(2) Applied in the UN 1373 Sanctions Regime
IV. Conclusion
6. Circumvention of Obligations through the International Organisation
I. Introduction
II. A Legal Analysis of ARIO, Article 61
A. First Attempt to Delimit the Provision’s Scope of Application
B. Responsibility Models in Article 61
C. Second Attempt to Delimit the Provision’s Scope of Application
III. ECtHR Case Law and Article 61: A Relationship Lost in Causation
A. An Outline of ECtHR Case Law
B. Disentangling ECtHR Case Law from Article 61
IV. Conclusion
PART III: INTERACTIONS INTERTWINED
7. Responsibility at the Decision-making Level
I. Introduction
II. Control from Within/Derivative Responsibility
A. ARIO, Article 59(2): Rules of the International Organisation as a Threshold
B. Political Influence Beyond the Rules of the International Organisation
III. ARIO, Article 58(2): Aid or Assistance
A. Members Off the Hook
B. Complicity to the Test: Chixoy Dam Case
IV. Conclusion
8. Concluding Remarks
Appendix
Bibliography
Index

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