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Research On The Legal Resbonsibility Of International Organizasion

Posted on:2020-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y YiFull Text:PDF
GTID:2416330596492012Subject:legal
Abstract/Summary:PDF Full Text Request
As the subject of international law,the influence and role of international organizations in the international community are constantly increasing,and we should pay more attention to the relationship between their obligations and power.At present,the international community has shifted more attention to the question of whether international organizations should be held responsible for their wrongful acts or under what circumstances they should be held responsible for the wrongful act,and in what way the victims should defend their legitimate rights and interests,such as international legal responsibility.Under the background of heating up this problem,it is of great practical significance to study the division of responsibilities and the forms of responsibility of international organizations,to actively participate in the activities of international organizations,to establish the image of responsible powers,and to promote the construction of an international society ruled by law.The main body of this paper is divided into four parts.In the first part,the legal basis for international organizations to assume liability.Starting with the definition of the concept of international organization,the aim is to clarify the scope of the subject discussed in this paper,and then to demonstrate its legal personality and then promote the development of the legal responsibility of international organizations from the legal responsibility of the State.The second part refers to the constituent elements of the legal responsibility of international organizations.Combining with the cases in practice,the basis of the internationally wrongful act of an international organization is clearly pointed out,and then the constituent elements of the internationally wrongful act are discussed separately from the subjective and objective factors.The third part is the form in which international organizations assume legal responsibility.Firstly,international organizations perform different functions for the purpose for which they were created,and therefore the types of their responsibilities vary;Secondly,according to different types of responsibility,the corresponding forms of responsibility are summed up in order to better safeguard the legitimate rights and interests of victims;Finally,international organizations in the course of the implementation of acts,there will be nonsubjective intentional factors involved.In such cases,the general attribution of legal liability to an international organization is a situation in which the legal liability of an international organization may also be waived under several special grounds.In the fourth part,prospects for international organizations to assume legal responsibility.The current draft articles on responsibility of international organizations remained flawed,codification status was uncertain and codification was more formal than substantive.The author combines theory with practice,sums up the shortcomings of several drafts and puts forward some suggestions on the compilation of the draft.Starting with the legal responsibility of the State,this paper discusses the similarities and differences in legal personality between sovereign States and international organizations,probes into the differences of their liability,as well as the theoretical basis,the principle of imputation and the mode of responsibility of international organizations,and the development prospect,theoretical basis and system perfection of the system of responsibility of international organizations.
Keywords/Search Tags:International organizations, Legal liability, Subjects of international law, Responsibility to bear
PDF Full Text Request
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