Breaking the Silence: Why International Organizations Should Acknowledge Customary International Law Obligations to Provide Effective Remedies

27 Pages Posted: 19 Feb 2020 Last revised: 18 May 2020

See all articles by Kristina Daugirdas

Kristina Daugirdas

University of Michigan Law School

Sachi Schuricht

Orrick, Herrington & Sutcliffe, LLP

Date Written: February 1, 2020

Abstract

To date, international organizations have remained largely silent about their obligations under customary international law. This chapter urges international organizations to change course, and to expressly acknowledge customary international law obligations to provide effective remedies. Notably, international organizations’ obligations to afford effective remedies need not precisely mirror States’ obligations to do so. Instead, international organizations may be governed by particular customary international law rules. By publicly acknowledging obligations to afford effective remedies, international organizations can influence the development of such particular rules. In addition, by acknowledging obligations to afford effective remedies — and by actually providing effective remedies — international organizations can rebut arguments that they are above the law, and can help to retain support for their immunities.

Suggested Citation

Daugirdas, Kristina and Schuricht, Sachi, Breaking the Silence: Why International Organizations Should Acknowledge Customary International Law Obligations to Provide Effective Remedies (February 1, 2020). Forthcoming, AIIB Yearbook of International Law ___ (2020), U of Michigan Public Law Research Paper No. 659, U of Michigan Law & Econ Research Paper No. 20-018, Available at SSRN: https://ssrn.com/abstract=3539178

Kristina Daugirdas (Contact Author)

University of Michigan Law School ( email )

701 South State Street
Ann Arbor, MI 48109-1215
United States

Sachi Schuricht

Orrick, Herrington & Sutcliffe, LLP ( email )

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