OUVRAGE : M. Ragazzi (ed.), Responsibility of International Organizations. Essays in Memory of Sir Ian Brownlie

Catherine MAIA

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.

TABLE OF CONTENTS

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. Reflections on the Scope of Application of the Articles on the Responsibility of International Organizations

Arnold N. Pronto

14. Practice as a Relevant Factor for the Responsibility of International Organizations
Emmanuel Roucounas

PART THREE - PARTICULAR PERSPECTIVES

(International Organizations and Other Entities)

(i) United Nations and Other International Organizations 

15. The ILC’s Articles Seen from a WHO Perspective
Gian Luca Burci and Clemens Feinäugle

16. European Exceptionalism in International Law? The European Union and the System of International Responsibility 

José Manuel Cortés Martín

17. ILC Articles on Responsibility of International Organizations: the Interplay between the Practice and the Rule (A View from the United Nations)

Daphna Shraga

(ii) International Financial Institutions

18. United in Joy and Sorrow: Some Considerations on Responsibility Issues under Partnerships among International Financial Institutions

Laurence Boisson de Chazournes

19. Codification, Progressive Development or Innovation? Some Reflections on the ILC Articles on the Responsibility of International Organizations
Ross Leckow and Erik Plith

20. The World Bank and the ILC’s Project on the Responsibility of International Organizations 

Maurizio Ragazzi

(iii) Other Entities  

21. The Responsibility of International Organizations: Selected Reflections from the Perspective of a Former Legal Counsel to the Holy See

Robert Araujo

22. The Elusive Allocation of Responsibility to Informal Organizations: the Case of the Quartet on the Middle East 

John Dugard and Annemarieke Vermeer-Künzli

23. Attribution of Conduct after the Advisory Opinion on the Global Mechanism
Rutsel Silvestre J. Martha

PART FOUR - SPECIAL CONCERNS

(Selected Issues Regarding the Articles)

(i) Responsibility and Member States

24. Responsibility of Member States towards Third Parties for an Internationally Wrongful Act of the Organization

Kazuhiro Nakatani

25. Exploring Alternative Routes: the Obligation of Members to Enable the Organization to Make Reparation
Paolo Palchetti

26. The Responsibility of International Organizations and their Member States
Pavel Šturma

27. ‘Member Responsibility’ for Acts of an Organization and the ILC Articles on the Responsibility of International Organizations: Some Observations
Sienho Yee

(ii) Responsibility and the Courts/Countermeasures 

28. Responsibility of International Organizations and Justiciability of Disputes
Sergio Puig

29. Responsibility of International Organizations: What Role for the International Court of Justice?
Hugh Thirlway

30. The Countermeasure of Disobedience: Implementing the Responsibility of International Organizations
Antonios Tzanakopoulos

31. Countermeasures by Member States against International Organizations
Simone Vezzani

(iii) Use of Force/Peacekeeping Operations

32. The Notion of ‘Effective Control’ under the Articles on the Responsibility of International Organizations

Blanca Montejo

33. United Nations Responsibility from Authorizing the Use of Force
P.S. Rao

34. International Responsibility for the Conduct of ‘Blue Helmets’: Exploring the Organic Link
Francesco Salerno

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

 

Maurizio RAGAZZI (ed.), Responsibility of International Organizations. Essays in Memory of Sir Ian Brownlie, Leiden, Martinus Nijhoff Publishers, 2013 (XLVI-470 pp.)