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Vol 21 No 9 Sept/Oct 2016

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The Responsibility of International Organizations Toward Third Parties: Some Basic Principles

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Moshe HirschFaculty of Law, Hebrew University of Jerusalem, Israel

ISBN13: 9780792332862
ISBN: 0792332865
Published: June 1997
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £165.00

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One of the far-reaching changes in the past century is the rapid growth of international organizations. International organizations are instruments for institutionalized co-operation among states; however, they also generate growing risks to other actors in the international system. The increased activity of international organizations may lead, naturally, to an infringement of the rights of others and the infliction of damage upon them. In such cases the question arises of which legal principles apply to the relations between the wrongdoer organization and the victims of its activity. This is the realm of responsibility of international organizations.;The sphere of responsibility is interesting in that reality has preceded the development of the law. The rapid expansion in the activities of international organizations has not been accompanied by a parallel development in legal theory concerning their international responsibility. Contemporary international law is not, as yet, well developed in this field and many significant questions remain without satisfactory answers. This study aims to fill the gap in the present legal literature by clarifying the existing rules of responsibility of international organizations and through discussions of new proposals for areas uncovered by contemporary law.

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Public International Law
I Overview - International Organizations and Responsibility: A. The Role of International Organizations. B. Risks to Third Parties Generated by the Activities of International Organizations. C. The Rationale for the Attribution of Responsibility to International Organizations. D. The Elements of Responsibility of International Organizations. E. Competence and Responsibility of International Organizations. II The Element of Breach of an International Obligation: A. International Treaties. B. International Customary Law. C. General Principles of Law. D. Unilateral Declarations. E. Obligations Related to National Powers Transferred to the Organization. III The Element of Attribution: A. General Principles of Attribution. B. State Organs Placed at the Disposal of International Organizations. C. The Exceptional Responsibility of the Territorial State. D. Attribution of Acts Implementing Decisions of International Organizations. E. Ultra Vires Acts Performed by Organs of International Organizations. IV The Responsibility of the Members - the lex lata: A. Treaty Law. B. Judicial Decisions. C. The Practice of States and International Organizations. D. General Principles of Law. E. Writers' Opinions. F. Conclusions - the Contemporary Law. V The Responsibility of the Members - Evaluation of the Principal Alternative Regimes: A. Limited Responsibility. B. Concurrent Responsibility. C. Secondary Responsibility. D. Indirect Responsibility. E. Responsibility According to the Intention of the Parties. F. Responsibility Toward Third Parties in Accordance with Responsibility Toward the Organization. G. Members' Responsibility in Accordance with the Aims and Functions of the Organization. H. Proposed Regime for the Members' Responsibility. I. Exceptions (""Piercing the Veil""). VI Conclusions: A. Injured and Injurer - the Need for a Balance of Interest. B. Implications for the Relationship Between the Organization and its Members. C. External Responsibility and Internal Effects. D. The Evolution of the Law of International Organization Responsibility and Geo-Political Factors. E. External Supervision and International Organization Responsibility. F. Future Developments. G. Synopsis of the Existing and Proposed Rules of International Organization Responsibility Discussed in this Work.