Responsibility of International Organizations. Essays in Memory of Sir Ian Brownlie. Edited by. Maurizio Ragazzi M A R T I N U S NIJHOFF PUBLISHERS

Similar documents
THE PROMOTION OF SOCIAL AWARENESS

AUTONOMY. in the Law

Lecture Notes on Mathematical Olympiad Courses

Guide to Teaching Computer Science

PIRLS 2006 ASSESSMENT FRAMEWORK AND SPECIFICATIONS TIMSS & PIRLS. 2nd Edition. Progress in International Reading Literacy Study.

Instrumentation, Control & Automation Staffing. Maintenance Benchmarking Study

CHALLENGES FACING DEVELOPMENT OF STRATEGIC PLANS IN PUBLIC SECONDARY SCHOOLS IN MWINGI CENTRAL DISTRICT, KENYA

Conducting the Reference Interview:

GERARD VAN SWIETEN AND HIS WORLD I 700-I 772

International Series in Operations Research & Management Science

Perspectives of Information Systems

2013/Q&PQ THE SOUTH AFRICAN QUALIFICATIONS AUTHORITY

IMPLEMENTING EUROPEAN UNION EDUCATION AND TRAINING POLICY

UNIVERSITY OF BALTIMORE SCHOOL OF LAW FALL SEMESTER 2017

MMOG Subscription Business Models: Table of Contents

Availability of Grants Largely Offset Tuition Increases for Low-Income Students, U.S. Report Says

McGraw-Hill Connect and Create Built by Blackboard. Release Notes. Version 2.3 for Blackboard Learn 9.1

EDEXCEL FUNCTIONAL SKILLS PILOT TEACHER S NOTES. Maths Level 2. Chapter 4. Working with measures

BSc (Hons) Property Development

COMMUNICATION-BASED SYSTEMS

US and Cross-National Policies, Practices, and Preparation

UTILITY POLE ATTACHMENTS Understanding New FCC Regulations and Industry Trends

A Practical Introduction to Teacher Training in ELT

PRODUCT PLATFORM AND PRODUCT FAMILY DESIGN

Student Experience Strategy

MARE Publication Series

TIMSS ADVANCED 2015 USER GUIDE FOR THE INTERNATIONAL DATABASE. Pierre Foy

Lecture Notes in Artificial Intelligence 4343

THE ALLEGORY OF THE CATS By David J. LeMaster

2014 Free Spirit Publishing. All rights reserved.

Submission of a Doctoral Thesis as a Series of Publications

Doctoral GUIDELINES FOR GRADUATE STUDY

Resume. Christine Ann Loucks Telephone: (208) (work)

The. Accidental Leader. What to Do When You re Suddenly in Charge. Harvey Robbins Michael Finley

THE INFLUENCE OF COOPERATIVE WRITING TECHNIQUE TO TEACH WRITING SKILL VIEWED FROM STUDENTS CREATIVITY

BENG Simulation Modeling of Biological Systems. BENG 5613 Syllabus: Page 1 of 9. SPECIAL NOTE No. 1:

TABLE OF CONTENTS TABLE OF CONTENTS COVER PAGE HALAMAN PENGESAHAN PERNYATAAN NASKAH SOAL TUGAS AKHIR ACKNOWLEDGEMENT FOREWORD

TEACHING Simple Tools Set II

Programme Specification. BSc (Hons) RURAL LAND MANAGEMENT

Indian Residential Schools Settlement Agreement (IRSSA) October, 2007

Qualification handbook

TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER b: PERSONNEL PART 25 CERTIFICATION

The Handbook of Dispute Resolution

NORMAL AND ABNORMAL DEVELOPMENT OF BRAIN AND BEHAVIOUR

MS-431 The Cold War Aerospace Technology Oral History Project. Creator: Wright State University. Department of Archives and Special Collections

leading people through change

Guidelines for Incorporating Publication into a Thesis. September, 2015

International Organizations and Global Governance: A Crisis in Global Leadership?

MSW POLICY, PLANNING & ADMINISTRATION (PP&A) CONCENTRATION

(1) The History, Structure & Function of Urban Settlements; (2) The Relationship Between the Market and the Polis in Economics, Policy and Planning;

CRITICAL THINKING AND WRITING: ENG 200H-D01 - Spring 2017 TR 10:45-12:15 p.m., HH 205

EUROPEAN UNIVERSITIES LOOKING FORWARD WITH CONFIDENCE PRAGUE DECLARATION 2009

Political Science and Economics

RESEARCH INTEGRITY AND SCHOLARSHIP POLICY

IMPROVING STUDENTS SPEAKING SKILL THROUGH

Spoken English, TESOL and Applied Linguistics

Intellectual Property

The University of Iceland

EDUC 2020: FOUNDATIONS OF MULTICULTURAL EDUCATION Spring 2011

Modern Trends in Higher Education Funding. Tilea Doina Maria a, Vasile Bleotu b

Document WSIS/PC-3/CONTR/187-E 5 November 2003 Original: English and French

Re-Advertisement No.: 01/2017 Dated:

Susan K. Woodruff. instructional coaching scale: measuring the impact of coaching interactions

Testing Reading Through Summary

An Introduction to the Composition and Analysis of Greek Prose

CRITICAL EDUCATION & POWER : ROUSSEAU, GRAMSCI & FREIRE

THE UNITED REPUBLIC OF TANZANIA MINISTRY OF EDUCATION, SCIENCE, TECHNOLOGY AND VOCATIONAL TRAINING CURRICULUM FOR BASIC EDUCATION STANDARD I AND II

Faculty Athletics Committee Annual Report to the Faculty Council September 2014

JD Concentrations CONCENTRATIONS. J.D. students at NUSL have the option of concentrating in one or more of the following eight areas:

Economics. Nijmegen School of Management, Radboud University Nijmegen

SEPERAC MEE QUICK REVIEW OUTLINE

Teaching and Examination Regulations Master s Degree Programme in Media Studies

Financial Accounting Concepts and Research

Developing Grammar in Context

HDR Presentation of Thesis Procedures pro-030 Version: 2.01

FIELD PLACEMENT PROGRAM: COURSE HANDBOOK

ED487: Methods for Teaching EC-6 Social Studies, Language Arts and Fine Arts

Designed by Candie Donner

RIVERVIEW SCHOOL DISTRICT Superintendent s Report Regular Meeting Board of School Directors April 20, 2015

Background Information. Instructions. Problem Statement. HOMEWORK INSTRUCTIONS Homework #3 Higher Education Salary Problem

Strategic Communication Consulting. CMGT 503 Rebecca Weintraub, Ph.D. Fall 2012, Thursday 6:30 9:20 PM, ASC 204

Advanced Grammar in Use

PERNAMBUCO JOURNAL OF RADIOLOGY April Edition 2 nd Digital Edition

UIMN Preparing for Intercultural Ministry (3 hours) Fall 2015 MW 11:00 WM 122

National and Regional performance and accountability: State of the Nation/Region Program Costa Rica.

PROVIDING AND COMMUNICATING CLEAR LEARNING GOALS. Celebrating Success THE MARZANO COMPENDIUM OF INSTRUCTIONAL STRATEGIES

More ESL Teaching Ideas

Strategies for Differentiating

The Policymaking Process Course Syllabus

1 Use complex features of a word processing application to a given brief. 2 Create a complex document. 3 Collaborate on a complex document.

The University of Texas at Tyler College of Business and Technology Department of Management and Marketing SPRING 2015

Legal Technicians: A Limited License to Practice Law Ellen Reed, King County Bar Association, Seattle, WA

Topic Study Group No. 25: The Role of History of Mathematics in Mathematics Education

21st CENTURY SKILLS IN 21-MINUTE LESSONS. Using Technology, Information, and Media

Class Numbers: & Personal Financial Management. Sections: RVCC & RVDC. Summer 2008 FIN Fully Online

Orientalism: Western Perceptions of Near Eastern Culture and Values LSHV

University of Toronto

Stenden University Students Charter

Ideas for Intercultural Education

McDonald's Corporation

Transcription:

Responsibility of International Organizations Essays in Memory of Sir Ian Brownlie Edited by Maurizio Ragazzi M A R T I N U S NIJHOFF PUBLISHERS LEIDEN BOSTON 2013

Library of Congress Cataloging-in-Publication Data Responsibility of international organizations : essays in memory of Sir Ian Brownlie / edited by Maurizio Ragazzi. p. cm. Includes bibliographical references and index. ISBN 978-90-04-25607-1 (hardback : alk. paper) ISBN 978-90-04-25608-8 (e-book) 1. Tort liability of international agencies. 2. Government liability (International law) I. Brownlie, Ian. II. Ragazzi, Maurizio. K967.5.R47 2013 341.2 dc23 2013024536 This publication has been typeset in the multilingual Brill" typeface. With over 5,100 characters covering Latin, IPA, Greek, and Cyrillic, this typeface is especially suitable for use in the humanities. For more information, please see www.brill.com/brill-typeface. ISBN 978-90-04-25607-1 (hardback) ISBN 978-90-04-25608-8 (e-book) Copyright 2013 by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Global Oriental, Hotei Publishing, IDC Publishers and Martinus Nijhoff Publishers. All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill NV provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, MA 01923, USA. Fees are subject to change. This book is printed on acid-free paper.

CONTENTS Editor s Preface... Sir Ian Brownlie Summary Biography and Select Bibliography... Contributors... Table of Cases... Table of Documents... List of Abbreviations... xi xv xix xxv xxxi xliii PART ONE SETTING THE STAGE International Organizations Responsibility between Codification and Progressive Development 1. Some Reflections on Basic Issues Concerning the Responsibility of International Organizations... 3 Antonio Augusto Can^ado Trindade 2. The Processes of Law-Making: The Law Relating to International Organizations as an Example... 15 Kenneth Keith 3. Codification, Progressive Development, or Scholarly Analysis? The Art of Packaging the ILC s Work Product... 29 Sean D. Murphy 4. International Organizations Are Definitely Not States. Cursory Remarks on the ILC Articles on the Responsibility of International Organizations... 41 Alain Pellet

vi CONTENTS 5. 'Weighing' the Articles on Responsibility of International Organizations... 55 Michael W ood PART TWO ASSESSING THE COMMISSION'S APPROACH State Responsibility and Responsibility o f International Organizations (i) General Considerations 6. An Assessment of the ILC s Articles on the Responsibility of International Organizations... 71 C.F. Amerasinghe 7. International Organizations and State Responsibility... 79 Dan Sarooshi 8. Viability of the ILC s Articles Formulated on the Basis of the Articles on State Responsibility... 89 Chusei Yamada (ii) Comparing the Two Sets of Articles 9. Parallel Worlds, Parallel Clauses: Remarks on the Relationship betw een the Two Sets of ILC Articles on International Responsibility and the UN Charter... 97 Maurizio Arcari 10. An Uneasy Transition? Linkages between the Law of State Responsibility and the Law Governing the Responsibility of International Organizations... 109 Vincent-Joel Proulx 11. W ithin and Beyond M utatis Mutandis... 1 2 1 Tullio Scovazzi (iii) Lex Specialis/Rules of the Organization 1 2. The Role of Lex Specialis in the Articles on the Responsibility of International Organizations... 135 Kristen E. Boon

CONTENTS v ii 13. Reflections on the Scope of Application of the Articles on the Responsibility of International Organizations... 147 Arnold N. Pronto 14. Practice as a Relevant Factor for the Responsibility of International Organizations... 159 Emmanuel Roucounas PART THREE PARTICULAR PERSPECTIVES International Organizations and Other Entities (i) United Nations and Other International Organizations 15. The ILC s Articles Seen from a WHO Perspective... 177 Gian Luca Burci and Clemens Feinaugle 16. European Exceptionalism in International Law? The European Union and the System of International Responsibility... 189 Jose M anuel Cortes Martin 17. ILC Articles on Responsibility of International Organizations: The Interplay between the Practice and the Rule (A View from the United Nations)... 201 Daphna Shraga (ii) International Financial Institutions 18. United in Joy and Sorrow: Some Considerations on Responsibility Issues under Partnerships among International Financial Institutions... 213 Laurence Boisson de Chazournes 19. Codification, Progressive Development or Innovation? Some Reflections on the ILC Articles on the Responsibility of International Organizations... 225 Ross Leckow and Erik Plith 20. The World Bank and the ILC s Project on the Responsibility of International Organizations... Maurizio Ragazzi 235

v iii CONTENTS (iii) Other Entities 21. The Responsibility of International Organizations: Selected Reflections from the Perspective of a Former Legal Counsel to the Holy See... 251 Robert John Araujo 22. The Elusive Allocation of Responsibility to Informal Organizations: The Case of the Quartet on the Middle East... 261 John Dugard and Annemarieke Vermeer-Kunzli 23. Attribution of Conduct after the Advisory Opinion on the Global Mechanism... 275 Rutsel Silvestre J. M artha PART FOUR SPECIAL CONCERNS Selected Issues Regarding the Articles (i) Responsibility and M ember States 24. Responsibility of M ember States towards Third Parties for an Internationally Wrongful Act of the Organization... 293 Kazuhiro Nakatani 25. Exploring Alternative Routes: The Obligation of Members to Enable the Organization to Make Reparation... 303 Paolo Palchetti 26. The Responsibility of International Organizations and Their M ember States... 313 Pavel Sturma 27. M ember Responsibility and the ILC Articles on the Responsibility of International Organizations: Some Observations... 325 Sienho Yee

CONTENTS ix (ii) Responsibility and the Courts/Counterm easures 28. Responsibility of International Organizations and Justiciability of Disputes... 3 3 9 Sergio Puig 29. Responsibility of International Organizations: W hat Role for the International Court of Justice?... 3 5 1 Hugh Thirlway 30. The Counterm easure of Disobedience: Implementing the Responsibility of International Organizations... 361 Antonios Tzanakopoulos 31. Countermeasures by Member States Against International Organizations... 3 7 3 Simone Vezzani (iii) Use of Force/Peacekeeping Operations 32. The Notion of Effective Control under the Articles on the Responsibility of International Organizations... 389 Blanca Montejo 33. United Nations Responsibility from Authorizing the Use of Force 405 P.S. Rao 34. International Responsibility for the Conduct of Blue Helm ets : Exploring the Organic Link... 4 1 5 Francesco Salerno Appendix 1 United Nations General Assembly Resolution 6 6 / 1 0 0, Responsibility of International Organizations (Adopted on December 9, 2 0 1 1 )... 429 Appendix 2 International Law Commission s General Com mentary on the Articles... 449 Bibliography... 4 5 3 Index... 4 5 7