Overlapping Responsibility: The Legal Relationship between the International Organization and the Host State

Andrea de Guttry, Micaela Frulli, Edoardo Greppi, Chiara Macchi (eds) The Duty of Care of International Organisations towards their Civilian Personnel Sent on Missions (T. M. C. Asser Press, 2018)

Bocconi Legal Studies Research Paper No. 4101532

19 Pages Posted: 9 May 2022

Date Written: August 18, 2018

Abstract

This chapter focuses on the Duty of Care from the perspective of the legal relationship that the sending international organization establishes with the hosting State. This is a privileged perspective to investigate the plurality of legal regimes in which the Duty of Care is implemented. Indeed, the protection of international civilian personnel is at the intersection of international law, national law of the hosting/sending State and internal law of the organization. The aim is to enlighten a fundamental component of the broader obligation that international organizations have to protect the safety of their personnel deployed in international missions. In particular, this chapter focuses on the relationship that the sending organization has to establish with the hosting State in order to fulfil its Duty of Care. Moving between regimes and points of view, it develops on the fundamental principle under which hosting States bear the primary responsibility to protect civil servants deployed in their territories.

Keywords: international law, international organizations, host State primary responsibility, Duty of Care, due diligence, personal residence, exchange of information, evacuation, non-cooperation

JEL Classification: K33

Suggested Citation

Gasbarri, Lorenzo, Overlapping Responsibility: The Legal Relationship between the International Organization and the Host State (August 18, 2018). Andrea de Guttry, Micaela Frulli, Edoardo Greppi, Chiara Macchi (eds) The Duty of Care of International Organisations towards their Civilian Personnel Sent on Missions (T. M. C. Asser Press, 2018), Bocconi Legal Studies Research Paper No. 4101532, Available at SSRN: https://ssrn.com/abstract=4101532

Lorenzo Gasbarri (Contact Author)

Scuola Superiore Sant'Anna ( email )

Piazza Martiri della Liberta, n. 33
Pisa, 56127
Italy

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