Allocating International Responsibility Between Member States and International Organisations

International Law

Allocating International Responsibility Between Member States and International Organisations

By Nikolaos Voulgaris
Hart Publishing May 2019

Specifications

ISBN-13
9781509925728
Publisher
Hart Publishing
Publication
May 2019
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

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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