This book critically examines the reception and application of the 2011 Articles on the Responsibility of International Organizations (ARIO), assessing their effectiveness and limitations. Adopting a panoptic approach, it explores the theory underlying the concept of responsibility for internationally wrongful acts in ARIO through both doctrinal analysis and practical case studies.
The editors have brought together a diverse group of legal experts to analyze various fields in the law of responsibility for international organizations (IOs), including questions of attribution, shared responsibility, the implementation of responsibility, and the progressive development of ARIO rules. The book argues that, despite its rare application, the ARIO are a useful resource for ascertaining the responsibility of IOs in the form of judicial, non-judicial, internal or external control mechanisms. Ultimately, the book demonstrates that the ARIO constitute an authoritative legal source, capable of guiding IOs in reforming their internal law.
Providing a variety of empirically-grounded and theoretical perspectives, this book is an excellent resource for researchers, scholars and students of law, arbitration and dispute resolution, public international law and international relations. Readers will also benefit from the applied nature of the text and the book’s forward-thinking approach.
Contents
Foreword ix
Introduction to reassessing the articles on the responsibility of
international organizations 1
Antal Berkes, Richard Collins and Rossana Deplano
PART I ASSESSING ARIO TEN YEARS LATER
1 Ten years spent attributing the conduct to an international
organization 17
Lorenzo Gasbarri
2 The customary status of the articles on responsibility of
international organizations: a critical assessment of its
scholarly treatment 35
Diego Mejía-Lemos
PART II RESPONSIBILITY IN PRACTICE: SELECT
CASE STUDIES
3 The responsibility of the United Nations during
stabilization operations 64
Alexander Gilder
4 The international responsibility of the North Atlantic
Treaty Organization – do ARIO represent an effective tool? 86
Petra Ditrichová
5 The role of ARIO’s attribution rules in determining the
respondent under the CETA 104
Zdeněk Nový
PART III SHARED RESPONSIBILITY
6 International organizations in the law of the sea
framework: overcoming the hurdles of international responsibility 133
Vonintsoa Rafaly
7 The responsibility of international organisations for
international data sharing 147
Antal Berkes
8 Many hands in the black box: artificial intelligence and
the responsibility of international organizations 168
Magdalena Pacholska
9 Responsibility of international organizations for the
conduct of private military and security companies 185
Bence Kis Kelemen and Ágoston Mohay
PART IV PROGRESSIVE DEVELOPMENT
10 Internal rules as lex specialis under the ARIO?
The example of the EU accession to the ECHR 207
Vassilis Pergantis
11 Responsibility of arbitral institutions: a dual approach to
institutional wrongdoings 225
Nikola Kurkova Kl’mova
12 Rethinking the responsibility of the International
Committee of the Red Cross: a sui generis regime 243
Sergey Sayapin
13 COVID-19 and the World Health Organization: further
exposing weaknesses in the foundation of the law of
responsibility 260
Scarlett McArdle
Conclusion to reassessing the articles on the responsibility of
international organizations 284
Antal Berkes, Richard Collins and Rossana Deplano
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