Front cover image for The responsibility of international organizations toward third parties : some basic principles

The responsibility of international organizations toward third parties : some basic principles

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.
Print Book, English, 1995
Martinus Nijhoff Publishers, Dordrecht, Ne, 1995
xvi, 220 pages
9780792332862, 0792332865
300238520
Preface. One: 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. Two: 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. Three: 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. Four: 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. Five: 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'). Six: 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. Bibliography. Index.