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.
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Contents 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 1 Ten years spent attributing the conduct to an international organization 17 Lorenzo Gasbarri 2 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 3 The responsibility of the United Nations during stabilization operations 64 Alexander Gilder 4 The international responsibility of the North Atlantic Treaty Organization – do ARIO represent an effective tool? 86 Petra Ditrichová 5 The role of ARIO’s attribution rules in determining the respondent under the CETA 104 Zdeněk Nový PART III SHARED RESPONSIBILITY 6 International organizations in the law of the sea framework: overcoming the hurdles of international responsibility 133 Vonintsoa Rafaly 7 The responsibility of international organisations for international data sharing 147 Antal Berkes 8 Many hands in the black box: artificial intelligence and the responsibility of international organizations 168 Magdalena Pacholska 9 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 Internal rules as lex specialis under the ARIO? The example of the EU accession to the ECHR 207 Vassilis Pergantis 11 Responsibility of arbitral institutions: a dual approach to institutional wrongdoings 225 Nikola Kurkova Kl’mova 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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‘This exciting new book draws together a diverse range of scholars to review practice on one of the most vexed problems in the discipline. With a creative combination of approaches and case studies, many on novel topics, this volume is sure to become an indispensable reference for future scholarship.’
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Produktdetaljer

ISBN
9781035309108
Publisert
2024-10-17
Utgiver
Vendor
Edward Elgar Publishing Ltd
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
316

Biographical note

Edited by Antal Berkes, Senior Lecturer in Law, University of Liverpool, Richard Collins,Professor of Law, Queen's University Belfast and Rossana Deplano, Professor of Law, University of Leicester, UK