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New Event -MEPA WEBINAR
New Event -MEPA WEBINAR
The Corpus of Resolution: UN Security Council (CR-UNSC) collects and presents for the first time in human and machine-readable form all resolutions, drafts, and meeting records of the UN Security Council, including detailed metadata, as published by the UN Digital Library and revised by the authors (with Sean Fobbe and Niccolò Ridi).
Presentation: El Desarrollo Silencioso del Derecho Espacial Internacional
International organizations increasingly affect our lives. From sending a parcel abroad to setting fishing quota, there are very few activities in which IOs do not set the standards subsequently applied by states. With the expansion and the global reach of their activities, it is not surprising that the collision between international organizations and human rights is one of the most pressing issues of global governance. If an indigenous community is forcibly transferred to make way for a World Bank project, are there obligations to make the organization responsible? Are there judicial fora to seek accountability? What would reparation look like? Similarly, if the EU pushbacks migrants at sea, is it responsible for the breach of the obligation of non-refoulement? While morality may provide clear answers, human rights law might be more disappointing. Indeed, under mainstreaming international law, human rights law is a state-centric instrument that does not reflect the emergence of international organizations as new powerful actors. For instance, IOs are rarely part of human rights treaties, and it is disputed whether they can bear obligations under customary international law. They do not possess a territory and the traditional conceptualization of state jurisdiction over individuals included in human rights instruments finds difficult application.
This chapter presents the judicial application of the rules on attribution of conduct contained in the Articles on the Responsibility of International Organizations, finalized in 2011 by the International Law Commission. It aims at presenting the shortcomings of the few decisions of the last decade (updated to August 2023), to provide feasible rules applicable for all international organizations in all circumstances and identify the root cause in the lack of theoretical engagement with the legal status of these subjects of international law. The aim of this chapter is not to provide a solution, but to present the theoretical issues that have to be address before any attempt of codification.