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The Role of Lex Specialis in the Articles on the Responsibility of International Organizations

Responsibility of International Organizations (Ragazzi ed.), Forthcoming

Seton Hall Public Law Research Paper No. 2230336

10 Pages Posted: 9 Mar 2013  

Kristen Boon

Seton Hall University - School of Law

Date Written: March 8, 2013

Abstract

The International Law Commission’s (ILC) recent endeavor to progressively develop principles of responsibility applicable to international organizations (IOs) reignited an old debate: do IOs share a common set of core attributes? Or are they fundamentally sui generis, given their great variations in mandate, size, and power vis a vis member states? The comments submitted by IOs to the ILC demonstrate that there is very little consensus on the genus of IO, and consequently on the application of general rules to these increasingly important and pervasive bodies. Indeed, most IOs took the position that the founding premise of the international legal framework applicable to IOs should be speciality not generality.

Keywords: international law, law of responsibility, international organizations

JEL Classification: k33

Suggested Citation

Boon, Kristen, The Role of Lex Specialis in the Articles on the Responsibility of International Organizations (March 8, 2013). Responsibility of International Organizations (Ragazzi ed.), Forthcoming; Seton Hall Public Law Research Paper No. 2230336. Available at SSRN: https://ssrn.com/abstract=2230336

Kristen E. Boon (Contact Author)

Seton Hall University - School of Law ( email )

One Newark Center
Newark, NJ 07102
United States

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