A European Law of International Responsibility? The Articles on the Responsibility of International Organizations and the European Union

V. Kosta, N. Skoutaris and V. Tzevelekos (eds.), The EU Accession to the ECHR (Hart, 2014)

Amsterdam Law School Research Paper No. 2013-19

Amsterdam Center for International Law No. 2013-04

15 Pages Posted: 21 Mar 2013 Last revised: 11 Jan 2015

See all articles by Jean d'Aspremont

Jean d'Aspremont

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

Date Written: March 20, 2013

Abstract

The first section of this paper will briefly describe the plea made by the European Union for recognition of special rules of responsibility for regional economic integration organizations, with an emphasis on rules on attribution (Part 1). The paper will then critically evaluate this claim and the way it was addressed by the ILC in its work on the Articles on the Responsibility of International Organizations (Part 2). Arguing that the Articles on the Responsibility of International Organizations leave enough room for the development of rules of international responsibility specific to regional economic integration organizations, the paper will then evaluate the possible source for such special rules and gauge the value of EU law for the sake of the lex specialis principle (Part 3). The paper will finally turn to the draft agreement on the accession of the EU to the European Convention on Human Rights (ECHR) and will reflect on the extent to which the mechanism set up on that occasion could be conducive to the emergence of special rules of international responsibility for the EU (Part 4).

Keywords: International law, international organizations, international responsibility, responsibility of international organizations, attribution of conduct, attribution of responsibility, lex specialis, ECHR, human rights

JEL Classification: K33

Suggested Citation

d'Aspremont, Jean, A European Law of International Responsibility? The Articles on the Responsibility of International Organizations and the European Union (March 20, 2013). V. Kosta, N. Skoutaris and V. Tzevelekos (eds.), The EU Accession to the ECHR (Hart, 2014); Amsterdam Law School Research Paper No. 2013-19; Amsterdam Center for International Law No. 2013-04. Available at SSRN: https://ssrn.com/abstract=2236070

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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