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Research On Legal Regulation Of Wrongful Acts Of International Organizations

Posted on:2014-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:H F ZhengFull Text:PDF
GTID:2256330425459391Subject:International Law
Abstract/Summary:PDF Full Text Request
Traditional international law only recognizes the subjects of international law of the State, with the development of the practice of international relations, the subjects of international law of international organizations, especially the inter-government organizations has obtained more and more widespread international recognition, the20th century is a century with the rapid development of international organizations。Since the21st century, with the deepening of international cooperation, the degree of organization of the international community has been increasing, more and more international organizations have been involved in the international relations with the international identity of subjects. In order to achieve its aim and purpose, international organizations establish a wide range of legal relations with other subjects, enjoy rights and bear obligations. In order to ensure normative of international organizations’ acts and effective regulation on international organizations wrongful acts, broad provisions of legal norms on the wrongful acts and responsibility of international organizations have became inevitable requirement for the maintenance of international legal order. Wrongful act is the premise to require international organizations to bear responsibility.Therefore, to define whether their behavior has wrongfulness, whether wrongful acts can belong to the international organizations or not, as well as the international organization bear the responsibility caused by wrongful acts, are the key points of responsibility of international organizations. We should research and summary from two levels of theory and practice.The difference between broad international organizations and narrow is whether non-government organizations are included. International Society has big dispute for whether non-government organizations could have international legal personality, but inter-government organizations can enjoy international legal personality has been reached.《the Draft Articles on Responsibility of International Organizations》 considerated, during the United Nations General Assembly at its sixty-sixth session in November2011stipulates,"International organization" means an organization established by treaty or other instrument governed by international law with independent legal personality, in addition to states,members of international organizations, may also include other entities. It can clearly be seen that the bill also uses the narrow concept of international organizations.This paper studies the wrongful acts of international organizations and their responsibility from the jurisprudence and practice by learning all points of view from the perspective of the draft. This paper is divided into three parts in addition to the introduction and conclusion. First the paper provides an overview of the international organizations’ wrongful acts, including the meaning of international organizations, the definition of wrongful acts according to the draft, the sources of obligations and wrongful acts can be attributed to international organizations. Breach of the obligation would inevitably lead to the corresponding legal responsibility, next the paper explains the legal responsibility of international organizations’ wrongful acts, including the responsibility connotation, significance and responsible manner. Finally, on the basis of the previous analysis, the paper analysis the problems of the draft on responsibility system, as well as the influence on the system of international organizations from two aspects of the subjective factors and objective factors...
Keywords/Search Tags:international organization, wrongful acts, responsibility, treaty
PDF Full Text Request
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