The Articles on the Responsibility of International Organizations: Magnifying the Fissures in the Law of International Responsibility

International Organizations Law Review, Vol. 9, 2012

Amsterdam Law School Research Paper No. 2012-95

Amsterdam Center for International Law No. 2012-13

16 Pages Posted: 18 Oct 2012

See all articles by Jean d'Aspremont

Jean d'Aspremont

Sciences Po Law School; University of Manchester - School of Law

Date Written: October 18, 2012

Abstract

It is against the backdrop of the conceptual impairment inherited from the Articles on State Responsibility (hereafter ASR) that this note, rather than zeroing in on what could have been better devised at the micro-level of the Articles on the Responsibility of International Organizations (hereafter ARIO), adopts a holistic view on the approaches to the law of international responsibility. In so doing, the ARIO are not approached in isolation but together with the ASR. This paper argues that, envisaged together with the ASR, the ARIO magnify the structural straits of the law of international responsibility. It more particularly argues that the ARIO reveal that the minor and almost invisible defects at the level of the ASR have enlarged on the occasion of their transposition to the responsibility of international organizations, unveiling the conceptual fissures of the whole law of international responsibility (Section 1). It then formulates a few epistemological considerations on how a normative instrument that so openly lays bare the limits of the current law of international responsibility could nonetheless be usefully received by our professional community (Section 2).

Keywords: international law, international responsibility, international organizations, state responsibility, ARIO, causality, attribution, shared responsibility, internal law, joint and several liability, international law commission

JEL Classification: K33

Suggested Citation

d'Aspremont, Jean, The Articles on the Responsibility of International Organizations: Magnifying the Fissures in the Law of International Responsibility (October 18, 2012). International Organizations Law Review, Vol. 9, 2012; Amsterdam Law School Research Paper No. 2012-95; Amsterdam Center for International Law No. 2012-13. Available at SSRN: https://ssrn.com/abstract=2163427 or http://dx.doi.org/10.2139/ssrn.2163427

Jean D'Aspremont (Contact Author)

Sciences Po Law School ( email )

13 rue de l'université
Paris, 75007
France

HOME PAGE: http://www.sciencespo.fr/ecole-de-droit/en/profile/daspremont-jean

University of Manchester - School of Law ( email )

Oxford Road
Manchester M13 9PL, M139PL
United Kingdom

HOME PAGE: http://www.manchester.ac.uk/research/Jean.daspremont/

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