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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

Author: Antal Berkes; Richard Collins; Rossana Deplano
Publisher: Edward Elgar Publishing
ISBN: 9781035309108
Published In: October 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

Ten years spent attributing the conduct to an international organization 17

Lorenzo Gasbarri

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

The responsibility of the United Nations during stabilization operations 64

Alexander Gilder

The international responsibility of the North Atlantic Treaty Organization – does ARIO represent an effective tool? 86

Petra Ditrichová

The role of ARIO’s attribution rules in determining respondent under the CETA 104

Zdeněk Nový

PART III. SHARED RESPONSIBILITY

International organizations in the law of the sea framework: overcoming the hurdles of international responsibility 133

Vonintsoa Rafaly

The responsibility of international organisations for international data sharing 147

Antal Berkes

Many hands in the black box: artificial intelligence and the responsibility of international organizations 168

Magdalena Pacholska

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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