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Responsibility of International Organizations
Essays in Memory of Sir Ian Brownlie
Editor:
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.
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.
Maurizio Ragazzi, LLM (Columbia) and DPhil (Oxford), who was Senior Counsel, specializing in international law, at The World Bank, is the editor of this book as a former pupil of Sir Ian Brownlie.
"This book is much more than one may expect from a Festschrift; is not only an appropriate contribution to the memory of late Oscar Schachter, but also a wonderful portray of the state of the art of the law of international responsibility today. As such, it is in itself an enrichment of the literature on international responsibility."
-Stephan Wittich, University of Vienna
-Stephan Wittich, University of Vienna
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
Antônio A. Cançado 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 Feinäugle The ILC’s Articles Seen from a WHO Perspective
16. José Manuel Cortés Martín 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-Künzli 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 Šturma 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
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
Antônio A. Cançado 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 Feinäugle The ILC’s Articles Seen from a WHO Perspective
16. José Manuel Cortés Martín 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-Künzli 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 Šturma 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