Complicity And The Law Of International Organizations
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| Author | : Magdalena Pacholska |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 288 |
| Release | : 2020-04-24 |
| Genre | : Law |
| ISBN | : 1839101369 |
This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN’s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment.
| Author | : Vladyslav Lanovoy |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 440 |
| Release | : 2016-09-22 |
| Genre | : Law |
| ISBN | : 1782259384 |
This book examines the responsibility of States and international organizations for complicity (aid or assistance) in an internationally wrongful act. Despite the recognition of responsibility for complicity as a rule of customary international law by the International Court of Justice, this book argues that the effectiveness and utility of this form of responsibility is fraught with systemic and operational limits. These limits include a lack of clarity in its constituent elements, its co-existence with primary rules prohibiting complicity and the obligations of due diligence, its implementation and the underlying causal tests, its uncertain relationship to other forms of shared and indirect responsibility, and its potential as a form of attribution of conduct. This book submits that the content and elements of this form of responsibility need adjustments to respond more effectively to the phenomenon of complicity in international affairs. Awarded The Paul Guggenheim Prize in International Law 2017!
| Author | : DIMITRIS. LIAKOPOULOS |
| Publisher | : |
| Total Pages | : |
| Release | : 2020-06 |
| Genre | : |
| ISBN | : 9781680531367 |
Complicity in International Law aims to analyze questions arising from a state's complicity in conflict with another state or an international organization. On the basis of international legal provisions, a state that assists the illicit fact of another state or an international organization in turn commits an offense if it is aware of the main fact and is bound by the same obligation.International law offers adumbrates the outcome of a codification process undertaken by the International Law Commission. The practice and its consequences, and the reflections of the doctrine, have matured with regard to the original hypothesis. Several cases of participation in the unlawful conduct of others, for example in facilitating the illicit use of the armed force, or of financial support to states responsible for human rights violations, have been recorded since the period immediately following World War II.International doctrine has long shown great interest in the theme of competition of several subjects in an international illicit act. This is a new phenomenon, given that until recently the issue had been the subject of in-depth analysis in a small number of works, few of which have been monographic in nature. Complicity in International Law will address the issue comprehensively.
| Author | : Helmut Philipp Aust |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2011-09-01 |
| Genre | : Law |
| ISBN | : 1139499629 |
This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.
| Author | : Jan Klabbers |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 545 |
| Release | : 2011-05 |
| Genre | : Political Science |
| ISBN | : 0857931296 |
This pioneering Research Handbook with contributions from renowned experts, provides an overview of the general doctrines making up the law of international organizations.The approach of this book is taken from a novel perspective: that of the tension between functionalism and constitutionalism. In doing so, this Handbook presents not only practically relevant information, but also provides a tool for understanding the ways in which internationalorganizations work. It has separate chapters on specific 'constitutional' topics and on two specific organizations: the EU and the UN. Research Handbook on the Law of international Organizations will be of particular interest to academics and graduate students in the fields ofinternational law, international politics and international relations.
| Author | : Nikolaos Voulgaris |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 264 |
| Release | : 2019-05-16 |
| Genre | : Law |
| ISBN | : 1509925740 |
The ever-growing interaction between member States and international organisations results, all too 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 impairs their application and restricts 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 since 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 Scelle's 'dédoublement fonctionnel' theory and Ago's 'derivative responsibility' model, the book employs old ideas to add original argumentation to a topic that has been dealt with extensively by recent commentators.
| Author | : André Nollkaemper |
| Publisher | : Cambridge University Press |
| Total Pages | : 399 |
| Release | : 2014-12-04 |
| Genre | : Law |
| ISBN | : 1316195384 |
The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.
| Author | : Miles Jackson |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 273 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 0198736932 |
Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.
| Author | : Nigel D. White |
| Publisher | : Manchester University Press |
| Total Pages | : 262 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : 9780719059544 |
This new edition considers the legal concepts that have emerged from a wider political debate to govern vastly differing inter-governmental organisations ranging from the UN to the EU
| Author | : José E. Alvarez |
| Publisher | : BRILL |
| Total Pages | : 488 |
| Release | : 2016-11-07 |
| Genre | : Business & Economics |
| ISBN | : 9004328408 |
The Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Professor Jose Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators – from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself. "A masterfully crafted piece of scholarship that engages with the very raison d’être of international organizations. Written by one of the leading authorities in the field, this book provides an insightful, perspicacious and to-the-point analysis of the impact of international organizations in today’s international legal order while also shedding light on their weaknesses. A must read for all those whose work touches upon the law of international organization." ~Laurence Boisson de Chazournes, University of Geneva "The role of Public International Law, rooted largely in decisions of or relating to international institutions, has been steadily, quietly re-shaping international economic relations and other links between states and regions for decades. There is no greater authority on international organizations within the American law community than Professor José Alvarez. This volume illuminates these trends as well as their limitations and vulnerabilities. It delivers a first-rate, incisive primer on the field." ~David M. Malone, Under-Secretary-General of the United Nations, Rector of the UN University
