Allocating International Responsibility Between Member States and International Organisations

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509925740
Total Pages : 264 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Allocating International Responsibility Between Member States and International Organisations by : Nikolaos Voulgaris

Download or read book Allocating International Responsibility Between Member States and International Organisations written by Nikolaos Voulgaris and published by Bloomsbury Publishing. This book was released on 2019-05-16 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Allocating International Responsibility Between Member States and International Organisations

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509925732
Total Pages : 256 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Allocating International Responsibility Between Member States and International Organisations by : Nikolaos Voulgaris

Download or read book Allocating International Responsibility Between Member States and International Organisations written by Nikolaos Voulgaris and published by Bloomsbury Publishing. This book was released on 2019-05-16 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Organizations and Member State Responsibility

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Publisher : BRILL
ISBN 13 : 9004319808
Total Pages : 244 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Organizations and Member State Responsibility by : Ana Sofia Barros

Download or read book International Organizations and Member State Responsibility written by Ana Sofia Barros and published by BRILL. This book was released on 2016-10-20 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Organizations and Member State Responsibility: Critical Perspectives compiles novel approaches within academia and legal practice that reflect the evolution of the contemporary law of international (member state) responsibility. This Volume was previously published as International Organizations Law Review Vol. 12, issue 2 (2015).

Responsibility of International Organizations

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004256083
Total Pages : 515 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Responsibility of International Organizations by : Maurizio Ragazzi

Download or read book Responsibility of International Organizations written by Maurizio Ragazzi and published by Martinus Nijhoff Publishers. This book was released on 2013-07-04 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.

Functional Responsibility of International Organisations

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Publisher : Cambridge University Press
ISBN 13 : 1108981232
Total Pages : 545 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Functional Responsibility of International Organisations by : Emilija Leinarte

Download or read book Functional Responsibility of International Organisations written by Emilija Leinarte and published by Cambridge University Press. This book was released on 2021-12-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a novel approach to the allocation of international responsibility in a multilayered structure like the European Union. Introducing a new concept of functional international responsibility, this study finds that in international economic law the focus of international dispute settlement bodies is not on the responsible party, but on a party best placed to bear responsibility. The book offers a comprehensive analysis of international rules of responsibility and international dispute settlement practice, primarily that of the World Trade Organization and investment arbitration. The study offers a practically applicable approach to questions of international responsibility which will assist international adjudicators, EU and Member States' officials and third country government agents who negotiate economic agreements and are involved in international economic disputes. The book is also relevant to those interested in the governance and accountability questions under the new EU-UK Trade and Cooperation Agreement.

The International Responsibility of the European Union

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782251030
Total Pages : 382 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The International Responsibility of the European Union by : Malcolm Evans

Download or read book The International Responsibility of the European Union written by Malcolm Evans and published by Bloomsbury Publishing. This book was released on 2013-03-12 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union's international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective.

The Law of International Responsibility

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199296979
Total Pages : 1364 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Law of International Responsibility by : James Crawford

Download or read book The Law of International Responsibility written by James Crawford and published by Oxford University Press. This book was released on 2010-05-20 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

Functional Responsibility of International Organisations

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Publisher : Cambridge University Press
ISBN 13 : 9781108838887
Total Pages : pages
Book Rating : 4.8/5 (388 download)

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Book Synopsis Functional Responsibility of International Organisations by : Emilija Leinarte

Download or read book Functional Responsibility of International Organisations written by Emilija Leinarte and published by Cambridge University Press. This book was released on 2021-08-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Concept of an International Organization in International Law

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Publisher : Oxford University Press
ISBN 13 : 019264890X
Total Pages : 257 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Concept of an International Organization in International Law by : Lorenzo Gasbarri

Download or read book The Concept of an International Organization in International Law written by Lorenzo Gasbarri and published by Oxford University Press. This book was released on 2021-04-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite their exponential growth in number and activities, there is not an established legal concept of an international organization. This book tackles the topic by examining the nature of the legal systems developed by international organizations. It is the first comprehensive study of the concepts by which international organizations' legal systems are commonly understood: functionalism, constitutionalism, exceptionalism, and informalism. Its purpose is threefold: to trace the historical origins of the different concepts of an international organization, to describe four groups under which these different notions can be aligned, and to propose a theory which defines international organizations as 'dual entities'. The concept of an international organization is defined by looking at the nature of the legal systems they develop. The notion of 'dual legal nature' describes how organizations create particular legal systems that derive from international law. This situation affects the law they produce, which is international and internal at the same time. The effects of the dual legal nature are considered by analysing international responsibility, the law of treaties, and the validity of organizations' acts.

Principles of Shared Responsibility in International Law

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Publisher : Cambridge University Press
ISBN 13 : 1316195384
Total Pages : 399 pages
Book Rating : 4.3/5 (161 download)

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Book Synopsis Principles of Shared Responsibility in International Law by : André Nollkaemper

Download or read book Principles of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2014-12-04 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Theory of Obligations in International Law

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Publisher : Taylor & Francis
ISBN 13 : 1040020909
Total Pages : 622 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Theory of Obligations in International Law by : Cezary Mik

Download or read book Theory of Obligations in International Law written by Cezary Mik and published by Taylor & Francis. This book was released on 2024-05-07 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.

International Law

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Publisher : Cambridge University Press
ISBN 13 : 1108808832
Total Pages : 1311 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Law by : Malcolm N. Shaw

Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2021-07-22 with total page 1311 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law is the definitive and authoritative text on the subject. It has long been established as a leading authority in the field, offering an unbeatable combination of clarity of expression and academic rigour, ensuring understanding and analysis in an engaging and authoritative style. Explaining the leading rules, practice and caselaw, this treatise retains and develops the detailed referencing which encourages and assists the reader in further study. This new edition has been fully updated to reflect recent developments. In particular, it has expanded the treatment of space law and of international economic law, and introduced new sections on cyber operations and cyber warfare, as well as reflecting the Covid-19 crisis. Both clarifying fundamental principles and facilitating additional research, International Law is invaluable for students and for those occupied in private practice, governmental service and international organisations.

Statistical Issues in Allocating Funds by Formula

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Publisher : National Academies Press
ISBN 13 : 0309168694
Total Pages : 161 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Statistical Issues in Allocating Funds by Formula by : National Research Council

Download or read book Statistical Issues in Allocating Funds by Formula written by National Research Council and published by National Academies Press. This book was released on 2003-01-24 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2000, the federal government distributed over $260 billion of funding to state and local governments via 180 formula programs. These programs promote a wide spectrum of economic and social objectives, such as improving educational outcomes and increasing accessibility to medical care, and many are designed to compensate for differences in fiscal capacity that affect governments' abilities to address identified needs. Large amounts of state revenues are also distributed through formula allocation programs to counties, cities, and other jurisdictions. Statistical Issues in Allocating Funds by Formula identifies key issues concerning the design and use of these formulas and advances recommendations for improving the process. In addition to the more narrow issues relating to formula design and input data, the book discusses broader issues created by the interaction of the political process and the use of formulas to allocate funds. Statistical Issues in Allocating Funds by Formula is only up-to-date guide for policymakers who design fund allocation programs. Congress members who are crafting legislation for these programs and federal employees who are in charge of distributing the funds will find this book indispensable.

Global Justice, State Duties

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Publisher : Cambridge University Press
ISBN 13 : 1107012775
Total Pages : 497 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Global Justice, State Duties by : Malcolm Langford

Download or read book Global Justice, State Duties written by Malcolm Langford and published by Cambridge University Press. This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.

The EU Accession to the ECHR

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782254463
Total Pages : 363 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The EU Accession to the ECHR by : Vasiliki Kosta

Download or read book The EU Accession to the ECHR written by Vasiliki Kosta and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.

The Responsibility to Protect

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Publisher : IDRC
ISBN 13 : 9780889369634
Total Pages : 432 pages
Book Rating : 4.3/5 (696 download)

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Book Synopsis The Responsibility to Protect by : International Commission on Intervention and State Sovereignty

Download or read book The Responsibility to Protect written by International Commission on Intervention and State Sovereignty and published by IDRC. This book was released on 2001 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty

The Collective Responsibility of States to Protect Refugees

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Publisher : OUP Oxford
ISBN 13 : 0199278385
Total Pages : 386 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Collective Responsibility of States to Protect Refugees by : Agnès G. Hurwitz

Download or read book The Collective Responsibility of States to Protect Refugees written by Agnès G. Hurwitz and published by OUP Oxford. This book was released on 2009 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title analyses the concept of sharing responsibility between states for protecting refugees under international law, and how this mechanism highlights serious concerns for the protection of refugees' rights.