From Theory to Practice: Exploring the Relevance of the Draft Articles on the Responsibility of International Organizations (DARIO)—The Responsibility of the WTO and the UN-Reference-Cited by-同舟云学术

From Theory to Practice: Exploring the Relevance of the Draft Articles on the Responsibility of International Organizations (DARIO)—The Responsibility of the WTO and the UN

Published:2012-05 Issue:5 Volume:13 Page:511-541
ISSN:2071-8322
Container-title:German Law Journal
language:en
Short-container-title:Ger. law j.

Author:

Gal-Or Noemi,Ryngaert Cedric

Abstract

In 2002, the United Nations (UN) International Law Commission (ILC) decided to include the subject of the responsibility of international organizations (IOs) in its program of work. By 2011, the Commission adopted sixty-six draft articles with commentaries, known as the Draft Articles on the Responsibility of International Organizations (DARIO). The adoption of the DARIO represents an enterprise of revolutionary implications for public international law and the future development of both international law and global relations and governance. It may leverage the international personality of the IO to a status previously unknown, particularly when compared to the supreme international actor, the State.

Publisher

Cambridge University Press (CUP)

Subject

Law

Reference136 articles.

1. Id. at 22.

2. Let us leave the debate concerning the difference between the two for another time.

3. The Commentary to Article 67 is concise. Is it sensible to consider Article 67 as representing a lex specialis in relation to any other lO's regime? For the purpose of the international responsibility in international law, does UN law represent lex specialis? With regard to which lex generalis? And what then is the implication with regard to other instances of lex specialis? As is stands, there is no cross-reference between Articles 64 and 67 nor is this issue being raised in their respective commentaries. For an enlightening discussion of the Article 103 as a ‘conflict clause’ see, Pauwelyn, supra note 14, at 337–342.

4. Joined Cases C-402/05 P and C-415/05 P, Kadi & Al Barakaat International Foundation v. Council & Comm'n, 2008 E.C.R. I-6351, in particular at paras. 285 and 299.

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