Responsibility 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.

• Editor’s PrefaceSir Ian Brownlie – Summary Biography and Select BibliographyList of ContributorsTable of CasesTable of DocumentsList of AbbreviationsPART ONE - SETTING THE STAGEInternational Organizations’ Responsibility between Codification and Progressive Development1. Some Reflections on Basic Issues Concerning the Responsibility of International Organizations Antônio A. Cançado Trindade2. The Process of Law-Making: the Law Relating to International Organizations as an ExampleKenneth Keith3. Codification, Progressive Development, or Scholarly Analysis? The Art of Packaging the ILC’s Work ProductSean D. Murphy4. International Organizations are Definitely Not States: Cursory Remarks on the ILC Articles on the Responsibility of International OrganizationsAlain Pellet5. ‘Weighing’ the Articles on Responsibility of International OrganizationsMichael WoodPART TWO – ASSESSING THE COMMISSION’S APPROACHState Responsibility and Responsibility of International Organizations(i)General Considerations6. An Assessment of the ILC’s Articles on the Responsibility of International OrganizationsRanjan Amerasinghe7. International Organizations and State ResponsibilityDan Sarooshi8. Viability of the ILC’s Articles Formulated on the Basis of the Articles on State Responsibility Chusei Yamada(ii)Comparing the Two Sets of Articles9. Parallel Worlds, Parallel Clauses: Remarks on the Relationship between the Two Sets of ILC Articles on International Responsibility and the UN CharterMaurizio Arcari10. An Uneasy Transition? Linkages between the Law of State Responsibility and the Law Governing the Responsibility of International OrganizationsVincent-Joel Proulx11. Within and Beyond Mutatis MutandisTullio Scovazzi(iii)Lex Specialis/Rules of the Organization12. The Role of Lex Specialis in the Articles on the Responsibility of International OrganizationsKristen Boon13. Arnold N. ProntoReflections on the Scope of Application of the Articles on the Responsibility of International Organizations 14. Emmanuel RoucounasPractice as a Relevant Factor for the Responsibility of International OrganizationsPART THREE - PARTICULAR PERSPECTIVES(International Organizations and Other Entities)(i)United Nations and Other International Organizations 15. Gian Luca Burci and Clemens FeinäugleThe ILC’s Articles Seen from a WHO Perspective16. José Manuel Cortés Martín European Exceptionalism in International Law? The European Union and the System of International Responsibility 17. Daphna ShragaILC Articles on Responsibility of International Organizations: the Interplay between the Practice and the Rule (A View from the United Nations)(ii)International Financial Institutions18. Laurence Boisson de Chazournes United in Joy and Sorrow: Some Considerations on Responsibility Issues under Partnerships among International Financial Institutions19. Ross Leckow and Erik PlithCodification, Progressive Development or Innovation? Some Reflections on the ILC Articles on the Responsibility of International Organizations20. Maurizio RagazziThe World Bank and the ILC’s Project on the Responsibility of International Organizations (iii)Other Entities 21. Robert AraujoThe Responsibility of International Organizations: Selected Reflections from the Perspective of a Former Legal Counsel to the Holy See22. John Dugard and Annemarieke Vermeer-KünzliThe Elusive Allocation of Responsibility to Informal Organizations: the Case of the Quartet on the Middle East 23. Rutsel Silvestre J. MarthaAttribution of Conduct after the Advisory Opinion on the Global MechanismPART FOUR - SPECIAL CONCERNS(Selected Issues Regarding the Articles)(i)Responsibility and Member States24. Kazuhiro NakataniResponsibility of Member States towards Third Parties for an Internationally Wrongful Act of the Organization 25. Paolo PalchettiExploring Alternative Routes: the Obligation of Members to Enable the Organization to Make Reparation 26. Pavel ŠturmaThe 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/Countermeasures28. Sergio PuigResponsibility of International Organizations and Justiciability of Disputes29. Hugh ThirlwayResponsibility of International Organizations: What Role for the International Court of Justice?30. Antonios TzanakopoulosThe Countermeasure of Disobedience: Implementing the Responsibility of International Organizations31. Simone Vezzani Countermeasures by Member States against International Organizations(iii)Use of Force/Peacekeeping Operations32. Blanca MontejoThe Notion of ‘Effective Control’ under the Articles on the Responsibility of International Organizations33. P.S. RaoUnited Nations Responsibility from Authorizing the Use of Force34. Francesco SalernoInternational Responsibility for the Conduct of ‘Blue Helmets’: Exploring the Organic LinkAppendix 1 Articles on Responsibility of International Organizations. Appendix to United Nations General Assembly Resolution A/RES/66/100Appendix 2 International Law Commission’s General Commentary on the ArticlesBibliography Index

"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