Attribution of conduct to international organisations

JX International law;JZ International relations;K Law (General);KZ Law of Nations

Bahrami, Faryma ; Tams, Christian

University:University of Glasgow

Department:School of Law

关键词: Responsibility of international organisations, attribution of conduct, ‘effective control’, ‘normative control’, ‘derivative responsibility’;   

Others  :  http://theses.gla.ac.uk/5545/1/2014BahramiLLMR.pdf

来源: University of Glasgow

【 摘 要 】

In this global age of international co-operation where international organisations play an increasing role, it is imperative that we are able to hold them accountable for their actions.The focus of this research is in the area of attribution of conduct to international organisations which is the first step in the process of holding an international organisation accountable.Such a study is important in order to fully understand the grounds and criteria on which it is possible to attribute conduct to an international organisation for both direct and indirect acts.This dissertation identifies then expands on the way in which conduct can be attributed to an IO, whilst shedding light on problems which are encountered during the attribution of conduct process.The research method consisted of review of relevant literature; international and domestic court judgements; and of course various UN International Law Commission materials, including the Draft Articles on the Responsibility of International Organisations (DARIO).The main conclusions drawn from this study are that there is confusion in relation to the grounds on which conduct can be attributed to an IO and that DARIO is not currently interpreted in a manner reflective of practice.This often results in conduct being attributed to the wrong entity, or else to only one entity where in fact there should be concurrent attribution.This dissertation proffers wider interpretation of DARIO, in a manner reflective of practice.