Responsibility of States and International Organizations

2019 ◽  
pp. 598-612
Author(s):  
Pierre Bodeau-Livinec
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
Status Quo ◽  
Current Status ◽  
General Assembly ◽  
State Responsibility ◽  
United Nations Convention ◽  
International Law Commission ◽  
Formal Status

Quite paradoxically given the importance of the topic in the system of international law, issues pertaining to responsibility of states and international organizations are not dealt with in treaties of universal character or “United Nations” treaties. So far, the General Assembly has merely taken note of the Articles on State Responsibility and the Articles on the Responsibility of International Organizations—respectively adopted by the International Law Commission (ILC) in 2001 and 2011—and refrained from taking any decision as to the final status of these texts. Three options are available: keeping the formal status quo, adopting the Articles as a General Assembly declaration, or using the text as a basis for a United Nations Convention on Responsibility. While the latter option would bring the Articles on state responsibility outside the realm of soft law, it could also have a “decodifying effect,” insofar that it could threaten the balance carefully designed by the ILC. Even though the 2001 Articles will most likely retain their current status, drafting a treaty on state responsibility could however prove useful.

The Forty-First Session of the International Law Commission

1989 ◽  
Vol 83 (4) ◽  
pp. 937-945 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
General Assembly ◽  
State Responsibility ◽  
Peace And Security ◽  
The Status ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its 41st session from May 2 to July 21, 1989, under the Chairmanship of Professor Bernhard Graefrath. The most noteworthy achievement of the session was the completion of work on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. The Commission referred this draft to the General Assembly with the recommendation that the Assembly convoke a diplomatic conference for the purpose of concluding a convention on the basis of the articles. Also at the 41st session, the Commission adopted three articles of the Draft Code of Crimes against the Peace and Security of Mankind and discussed reports on state responsibility, international liability for injurious consequences arising out of acts not prohibited by international law, jurisdictional immunities of states and their property, and the law of the non-navigational uses of international watercourses. A report on relations between states and international organizations was presented to the Commission but was not discussed for lack of time. Finally, the Commission once again devoted a number of meetings to reviewing its procedures and methods of work.

The Forty-third Session of the International Law Commission

1991 ◽  
Vol 85 (4) ◽  
pp. 703-709 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
United Nations ◽  
International Law ◽  
Sierra Leone ◽  
International Organizations ◽  
General Assembly ◽  
State Responsibility ◽  
Peace And Security ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The forty-third session of the United Nations International Law Commission (ILC) was held in Geneva from April 29 to July 19, 1991, and was chaired by Ambassador Abdul Koroma of Sierra Leone. During the session, the last of the ILC’s current five-year term of office, the Commission adopted full sets of draft articles on three of the subjects on its agenda. It completed the second reading, or final adoption, of the draft on jurisdictional immunities of states and their property, and approved on first reading its articles on the law of the non-navigational uses of international watercourses, and the Draft Code of Crimes against the Peace and Security of Mankind. In its report to the General Assembly, the Commission recommended that the Assembly convene a diplomatic conference charged with concluding a convention on the basis of the draft articles on jurisdictional immunities. The drafts on watercourses and crimes were sent to governments for their comments, which the Commission requested they submit by January 1, 1993. The ILC will then give each of those drafts a second reading, taking into account the observations received from states. In addition to the progress made on these topics, the Commission considered reports on the three remaining subjects on its agenda: international liability for injurious consequences arising out of acts not prohibited by international law, relations between states and international organizations (second part of the topic) and state responsibility.

The Fortieth Session of the International Law Commission

1989 ◽  
Vol 83 (1) ◽  
pp. 153-171 ◽  
Author(s):  
Stephen C. Mccaffrey
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
State Responsibility ◽  
Draft Code ◽  
Peace And Security ◽  
The Status ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its 40th session from May 9 to July 29, 1988, under the Chairmanship of Ambassador Leonardo Díaz-González. The Commission adopted 6 articles of the Draft Code of Crimes against the Peace and Security of Mankind and 14 articles on the law of non-navigational uses of international watercourses. Substantial time was devoted to both international liability for injurious consequences arising out of acts not prohibited by international law and the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Reports on jurisdictional immunities of states and their property and state responsibility were introduced by the special rapporteurs for those topics but were not discussed by the Commission owing to lack of time. The remaining substantive item on the Commission’s agenda, relations between states and international organizations (second part of the topic), was not considered at this session. Finally, the Commission once again devoted substantial time to reviewing its procedures and methods of work.

The Case for a Convention on State Responsibility

2014 ◽  
Vol 83 (4) ◽  
pp. 439-475 ◽  
Author(s):  
Laurence T. Pacht
Keyword(s):  
United Nations ◽  
International Law ◽  
Public Space ◽  
General Assembly ◽  
State Responsibility ◽  
Main Argument ◽  
The Public ◽  
International Law Commission ◽  
Law Commission ◽  
Do So

At the time of adopting the Articles on the Responsibility of States for Internationally Wrongful Acts, in 2001, the International Law Commission recommended, inter alia, that the General Assembly of the United Nations consider the possibility of negotiating a convention on the basis of the Articles. On four occasions, since 2001, the member states in the Sixth Committee of the General Assembly have been divided on whether to do so. Nonetheless, the most recent such debate, held in 2013, revealed a strong undercurrent of support among the states for convening a diplomatic conference to negotiate a treaty. However, this trend is not reflected in much of what has been written and argued in the public space, which has been almost entirely in opposition to a convention. The main argument for such opposition has been that a treaty negotiation would set back the development of the law either through the adoption of a flawed text or through failure to reach agreement. The present article seeks to scrutinise the viability of such a prognosis, by both responding to the arguments made against a treaty negotiation and by offering some reasons for supporting the negotiation of a convention on the responsibility of states for internationally wrongful acts.

Status of Forces under the UN Convention on State Immunity

2006 ◽  
Vol 55 (2) ◽  
pp. 427-436 ◽  
Author(s):  
Andrew Dickinson
Keyword(s):  
United Nations ◽  
International Law ◽  
Ad Hoc ◽  
General Assembly ◽  
State Immunity ◽  
Deep Appreciation ◽  
Un General Assembly ◽  
United Nations Convention ◽  
International Law Commission ◽  
Law Commission

The United Nations Convention on Jurisdictional Immunities of States and Their Property was adopted by the UN General Assembly on 2 December 2004.1 The General Assembly recorded, in the first paragraph of its resolution adopting the Convention, its ‘deep appreciation to the International Law Commission and the Ad Hoc Committee on jurisdictional Immunities of States and their Property for their valuable work on the law of jurisdictional immunities of States and their property’. Whatever view one takes as to the merits of the Convention text or the prospects of its success,2 it cannot be doubted that this acknowledgment was well deserved—it is, if anything, an understatement to describe the conclusion of a detailed international instrument on state immunity, embodying the restrictive theory of immunity, as a ‘diplomatic triumph’.

Part IV Fundamental Rights and Obligations, 8 Introduction: The 1997 United Nations Convention and its Precursors

2019 ◽  
Author(s):  
McCaffrey Stephen C
Keyword(s):  
United Nations ◽  
International Law ◽  
Fundamental Rights ◽  
General Assembly ◽  
Progressive Development ◽  
United Nations General ◽  
United Nations General Assembly ◽  
United Nations Convention ◽  
International Law Commission ◽  
Law Commission

This chapter discusses the 1997 United Nations Watercourses Convention. The Convention on the Law of the Non-Navigational Uses of International Watercourses was adopted by the United Nations General Assembly on May 21, 1997 and entered into force on August 17, 2014. The UN Watercourses Convention represents an effort by the international community to reflect the general principles and rules of international law governing the use by states of shared freshwater resources, except for principles and rules concerning navigation. The working document on the basis of which the Convention was negotiated was the result of twenty years’ work by the International Law Commission, a subsidiary organ of the General Assembly charged with “the progressive development of international law and its codification.” The chapter then provides an overview of the provision of the Convention.

The Thirty-Fifth Session of the International Law Commission

1984 ◽  
Vol 78 (2) ◽  
pp. 457-480 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
International Law ◽  
International Organizations ◽  
General Assembly ◽  
State Responsibility ◽  
Draft Code ◽  
Peace And Security ◽  
The Law ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The 35th session of the International Law Commission was held in Geneva from May 3 to July 22, 1983 under the chairmanship of Ambassador Laurel Francis. The Commission considered all seven substantive items on its agenda: state responsibility; jurisdictional immunities of states and their property; status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier; the Draft Code of Offences against the Peace and Security of Mankind; the law of the non-navigational uses of international watercourses; international liability for injurious consequences arising out of acts not prohibited by international law; and relations between states and international organizations (second part of the topic). The Drafting Committee, which met a record 30 times, reported out a total of 15 articles concerning three of the above topics (jurisdictional immunities, state responsibility and the diplomatic courier and bag), all of which were provisionally adopted by the Commission. The entire session is dealt with in some detail in the Commission’s 1983 report to the General Assembly. Only the highlights will be covered here.

State Responsibility in the Light of the New Trends of International Law

1955 ◽  
Vol 49 (3) ◽  
pp. 339-346 ◽  
Author(s):  
F. V. García-Amador
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
State Responsibility ◽  
The United Nations ◽  
International Law Commission ◽  
Regular Session ◽  
Law Commission

During its eighth regular session, the General Assembly of the United Nations considered “that it is desirable for the maintenance and development of peaceful relations between States that the principles of international law governing State responsibility be codified.” To this end, the Assembly requested the International Law Commission to undertake the codification of these principles. The Tenth Inter-American Conference, held in Caracas March 1–28, 1954, adopted a similar resolution.

The Work of the International Law Commission, 2007–2011: Progress and Prospects

2012 ◽  
Vol 106 (2) ◽  
pp. 322-340 ◽  
Author(s):  
Donald McRae
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflicts ◽  
General Assembly ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

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