Document Type : Article

Authors

1 Associate Professor, Department of International Law, Faculty of Law, Shahid Beheshti University, ‎Tehran, Iran‎

2 Student in International Law, Department of International Law, Faculty of Law, Shahid Beheshti ‎University, Tehran, Iran‎

Abstract

The International Law Commission (ILC) has introduced several new articles in the Draft Articles on the Responsibility of International Organizations (Dario), which has resulted in the increase of scenarios in which the exceptional rule of “responsibility in relation to the act of another” person could be applicable. The purpose of the current paper is to explore the effects of broadening the scenarios of responsibility in relation to the act of another person. The study makes the premise that expanding the situations that would fall under this category of responsibility will have an effect on the concept itself but it will not make it any simpler to hold a state or organization responsible for the acts of another. From the theoretical perspective, this paper illustrates how the coherence existed in the Draft Articles on State Responsibility concerning “responsibility in relation to the act of another” person, has been undermined by the introduction of new articles in Dario. Furthermore, given the limited likelihood of application to actual cases, this study contends that the full sections regarding the responsibility in relation to the international wrongful act of another in Dario would not probably generate major practical benefits.

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Main Subjects

  1. Enlgish

    1. A) Books
    2. Crawford, J. (2013). State Responsibility: The General Part. Cambridge: Cambridge University Press.
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    1. B) Articles
    2. d’Aspremont, J. (2012). The Articles on the Responsibility of International Organizations: Magnifying the Fissures in the Law of International Responsibility, International Organizations Law Review, 9(1), 25-113.
    3. d’Aspremont, J. (2017). International Responsibility and the Constitution of Power: International Organizations Bolstered. In International Organizations and Member State Responsibility, edited by Ana Sofia Barros, Cedric Ryngaert, and Jan Wouters: Leiden, Brill/Nijhoff, 95-113.
    4. Dominicé, C. (2010). Attribution of Conduct to Multiple States and the Implication of a State in the Act of another State. In The Law of International Responsibility, edited by James Crawford, Alain Pellet, Simon Olleson, and Kate Parlett: Oxford, Oxford University Press, 281-291.
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    1. C) Documents
    2. ILC (2011). Draft Articles on Responsibility of International Organizations with commentaries, A/66/10.
    3. ILC, ILC Draft Articles on International Responsibility of States with commentaries. A/56/10.

     

    1. D) Case law
    2. Certain Phosphate Lands in Nauru (Nauru v. Australia), Preliminary Objections, Judgment, ICJ. Reports 1992
    3. Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia), Judgment, ICJ. Reports 2015.
    4. Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece), Judgment of 5 December 2011, ICJ. Reports 2011
    5. Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland, Application no. 45036/98,30, ECTHR, June 2005
    6. Gasparini v Italy and Belgium, No. 10750/03, Admissibility Decision, ECTHR, 12 May 2009
    7. Waite and Kennedy v Germany, App No 26083/94, ECTHR, 18 February 1999

     

    1. E) Website
    2. European Commission (2022). Statement by Executive Vice-President Dombrovskis on EU Decision to Stop Treating Russia as a Most-Favoured-Nation at the WTO, https://ec.europa.eu/commission/commissioners/2019-2024/dombrovskis/announcements/statement-executive-vice-president-dombrovskis-eu-decision-0_en.

     

    References In Persian:

    1. A) Books
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    1. B) Articles
    2. Jamal S., Zargarinejad, N. (2022). Critical Considerations on the Identical Constitutive Elements of International Responsibility of States and International Organizations, Legal Research Quarterly, 25(98), 69-94 (In Persian).
    3. Momenirad A., Setayeshpur M. (2018). Conceptual Framework of Derivative Responsibility of International Organizations in International Law, Public Law Studies Quartery, 49(3) 635-644. (In Persian)
    4. Qadirli, N., & Hosseini, H. (2021). The Doctrine of “Equivalent Protection”: Uncertainty on the Principle of Separation in the System of International Responsibility of Organizations. Public Law Research, 22 (70), 346-373 (In Persian)
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