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On The International Legal Responsibility Of International Organizations

Posted on:2009-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:J Y HuFull Text:PDF
GTID:2206360272959333Subject:International law
Abstract/Summary:PDF Full Text Request
The responsibility of international organization refers to the legal responsibility arising for the wrongful acts of international organizations. As the developing of the contemporary international law, the scope of the international legal responsibility, as well as the connotation, is enlarging. As the status and function of international organization become more and more remarkable, the issue has attracted more and more attention. The imputing principal of international organizations' responsibility is one of the most important problems. The research of responsibility of international organization possesses important meaning and particular value.Until July, 2007, The International Law Commission has so far provisionally adopted 44 draft articles on "Responsibility of international organizations". These articles build up "The internationally wrongful act of international organization"; "Legal consequences of an internationally wrongful act"; "Reparation of injury". The organizations' responsibility followed the general pattern of the articles on Responsibility of States for internationally wrongful acts; however, it has its own peculiarity.This paper consist three chapters: overview of the responsibility of international organization, three elements of the international organization's responsibility, the contents of the responsibility, the implementation of the responsibility and the conclusion. Under the research of the organizations' practice and the discussion of the theories of international legal responsibility, this paper analyzed the independent personality of international organization; attribution of conduct to international organizations; breach of an international obligation; legal consequences of an internationally wrongful act; reparation of injury and implementation of the international responsibility of international organization.International organization is an entity with independent personality and can enjoy rights or bear obligations under international law. The other two elements giving rise to the responsibility of international organization are: a conduct consisting of an action or omission is attributable to the organization, and the conduct constitutes a breach of an international obligation of the organization. The act governing the responsibility of international organization are secondary rules, which must be distinguished from the primary rules governing the substantive rights and obligations of international organization. The case that NATO bombed the Chinese embassy in Belgrade during the war in Kosovo is a good example to define the responsibility of the International organization and its member states. Although the direction of development of the law of international organization responsibility is not so clear, in the future a set of rules will surely be established which will not only meet the needs of international community but also be in line with the interest of international organization.
Keywords/Search Tags:International responsibility, International organization, International unlawful act
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