Responsibility of international organizations : essays in memory of Sir Ian Brownlie
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Responsibility of international organizations : essays in memory of Sir Ian Brownlie
Martinus Nijhoff, 2013
- : hardback
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注記
"Sir Ian Brownlie, KT, CBE, QC (1932-2010)": p. [xv]-xviii
Bibliography: p. [453]-465
Includes index
内容説明・目次
内容説明
Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie is a unique collection of different and often differing perspectives from experts in the field, ranging from the bench to the International Law Commission, academia, and the world of in-house counsel. A companion volume to the book of essays that the same editor prepared in 2005 in memory of Oscar Schachter, this volume is also a memorial to the late Sir Ian Brownlie shortly after the 80th anniversary of his birth.
目次
Editor's Preface
Sir Ian Brownlie - Summary Biography and Select Bibliography
List of Contributors
Table of Cases
Table of Documents
List of Abbreviations
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
Antonio A. Cancado Trindade
2. The Process of Law-Making: the Law Relating to International Organizations as an Example
Kenneth Keith
3. Codification, Progressive Development, or Scholarly Analysis? The Art of Packaging the ILC's Work Product
Sean D. Murphy
4. International Organizations are Definitely Not States: Cursory Remarks on the ILC Articles on the Responsibility of International Organizations
Alain Pellet
5. 'Weighing' the Articles on Responsibility of International Organizations
Michael Wood
PART TWO - ASSESSING THE COMMISSION'S APPROACH
State Responsibility and Responsibility of International Organizations
(i) General Considerations
6. An Assessment of the ILC's Articles on the Responsibility of International Organizations
Ranjan Amerasinghe
7. International Organizations and State Responsibility
Dan Sarooshi
8. Viability of the ILC's Articles Formulated on the Basis of the Articles on State Responsibility
Chusei Yamada
(ii) Comparing the Two Sets of Articles
9. Parallel Worlds, Parallel Clauses: Remarks on the Relationship between the Two Sets of ILC Articles on International Responsibility and the UN Charter
Maurizio Arcari
10. An Uneasy Transition? Linkages between the Law of State Responsibility and the Law Governing the Responsibility of International Organizations
Vincent-Joel Proulx
11. Within and Beyond Mutatis Mutandis
Tullio Scovazzi
(iii) Lex Specialis/Rules of the Organization
12. The Role of Lex Specialis in the Articles on the Responsibility of International Organizations
Kristen Boon
13. Arnold N. Pronto Reflections on the Scope of Application of the Articles on the Responsibility of International Organizations
14. Emmanuel Roucounas Practice as a Relevant Factor for the Responsibility of International Organizations
PART THREE - PARTICULAR PERSPECTIVES
(International Organizations and Other Entities)
(i) United Nations and Other International Organizations
15. Gian Luca Burci and
Clemens Feinaugle The ILC's Articles Seen from a WHO Perspective
16. Jose Manuel Cortes Martin European Exceptionalism in International Law? The European Union and the System of International Responsibility
17. Daphna Shraga ILC Articles on Responsibility of International Organizations: the Interplay between the Practice and the Rule (A View from the United Nations)
(ii) International Financial Institutions
18. Laurence Boisson
de Chazournes United in Joy and Sorrow: Some Considerations on Responsibility Issues under Partnerships among International Financial Institutions
19. Ross Leckow and Erik Plith Codification, Progressive Development or Innovation? Some Reflections on the ILC Articles on the Responsibility of International Organizations
20. Maurizio Ragazzi The World Bank and the ILC's Project on the Responsibility of International Organizations
(iii) Other Entities
21. Robert Araujo The Responsibility of International Organizations: Selected Reflections from the Perspective of a Former Legal Counsel to the Holy See
22. John Dugard and Annemarieke
Vermeer-Kunzli The Elusive Allocation of Responsibility to Informal Organizations: the Case of the Quartet on the Middle East
23. Rutsel Silvestre J. Martha Attribution of Conduct after the Advisory Opinion on the Global Mechanism
PART FOUR - SPECIAL CONCERNS
(Selected Issues Regarding the Articles)
(i) Responsibility and Member States
24. Kazuhiro Nakatani Responsibility of Member States towards Third Parties for an Internationally Wrongful Act of the Organization
25. Paolo Palchetti Exploring Alternative Routes: the Obligation of Members to Enable the Organization to Make Reparation
26. Pavel Sturma The Responsibility of International Organizations and their Member States
27. Sienho Yee 'Member Responsibility' for Acts of an Organization and the ILC Articles on the Responsibility of International Organizations: Some Observations
(ii) Responsibility and the Courts/Countermeasures
28. Sergio Puig Responsibility of International Organizations and Justiciability of Disputes
29. Hugh Thirlway Responsibility of International Organizations: What Role for the International Court of Justice?
30. Antonios Tzanakopoulos The Countermeasure of Disobedience: Implementing the Responsibility of International Organizations
31. Simone Vezzani Countermeasures by Member States against International Organizations
(iii) Use of Force/Peacekeeping Operations
32. Blanca Montejo The Notion of 'Effective Control' under the Articles on the Responsibility of International Organizations
33. P.S. Rao United Nations Responsibility from Authorizing the Use of Force
34. Francesco Salerno International Responsibility for the Conduct of 'Blue Helmets': Exploring the Organic Link
Appendix 1 Articles on Responsibility of International Organizations. Appendix to United Nations General Assembly Resolution A/RES/66/100
Appendix 2 International Law Commission's General Commentary on the Articles
Bibliography
Index
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