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Establishes a framework for analyzing and assessing the accountability mechanisms of international organizations, and applies it to three case studies.
In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.
With the proliferation of international organizations and their ever increasing role in a wide range of policy fields, situations multiply in which human rights are threatened or violated through the actions, operations, or policies of such organizations. This book is the first to explore these problems in a comprehensive manner and to examine the accountability mechanisms that are available. In the first section, the contributions study general concepts, such as the accountability of international organizations as an evolving legal concept, international organizations as independent actors, the logic of sliding scales in the law of international responsibility, and the relations between the international organizations and their Member States in regard to their respective obligations and responsibilities. Subsequent parts of the book focus on the accountability for human rights violations attributable to international organizations in four areas: peace and humanitarian operations, international civil administration, economic governance, and the staff of international organizations.
This paper proposes a new approach to the law of international responsibility, as it applies to activities of international organisations and their member states. Part I addresses the question of whether international organizations are bound, under international law, to respect human rights. It shows that, while it would be possible to build a theory deriving the obligations of the international organization from the preexisting obligations of its member States, particularly those imposed under the human rights treaties to which these States are parties, this line of reasoning fails on practical grounds, as it would result in too important obstacles being imposed on international co-operation. In contrast, grounding the human rights obligations of international organizations on general public international law, independently of any commitments of their member States under human rights treaties, appears both feasible and compatible with the requirements of international co-operation. Part II then explores the international responsibility of the member States of an international organization, where measures adopted by the latter result in a violation of human rights. In order to evaluate the emerging regime of State responsibility for the acts of international organizations of which it is a member, it considers the three moments which characterize such membership: it distinguishes (1) the initial attribution of competences to the international organization ; (2) the participation in the decision-making procedures within the organization ; and (3) the implementation, by its member States, of any acts adopted within the international organization. It puts forward the thesis that, while the international law of State responsibility has offered answers concerning whether a responsibility may exist at each of these moments, it has failed to consider their interrelationship. This segmented approach to State responsibility constitutes the main source of its insufficiencies. In its place, a 'sliding scales' theory of State responsibility is presented. According to this logic, the role of the State at any of the three junctures distinguished above should be evaluated by taking into account its role at the other junctures : in particular, the more a State retains influence on the decision-making process within the international organization, or the more it may obstruct implementation of the decisions of the organization, the easier it will be to justify the delegation of extensive powers to the international organization, even in circumstances where such a transfer of powers could result in the adoption by the international organization of measures which infringe upon human rights. Part III then examines the mechanisms which would allow to hold international organizations accountable for any violations of human rights which they commit, or which they contribute to. Three such mechanisms are discussed in turn : self-regulation, accession of the international organization to treaty-based international regimes, and judicial control exercised by national courts. The respective strengths and weaknesses of each of these mechanisms are highlighted. On the basis of this review, the logic of sliding scales for the evaluation of State responsibility is expanded further to include the emergence of those mechanisms. It is argued that the standards used for evaluating the responsibility of the member States of international organizations for the acts of the latter should take into account whether or not accountability mechanisms have been set up ensuring that the organization will comply with any human rights standards equivalent to those imposed on the member States. This results in a reverse principle of proportionality : the more the international organization is subject to monitoring mechanisms, whether internal or external, the more it would be acceptable for States to transfer large competences to the organization and to renounce controlling the organization from within or blocking the implementation of any decisions adopted within the organization.
This book explores the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It analyses the principal crimes, such as genocide and crimes against humanity, and appraises the mechanisms developed to bring individuals to justice.
Multilateral development banks and other development agencies have adopted environmental and social safeguard policies setting due diligence standards for the provision of project finance. Such policies are evolving in terms of the activities covered and in their normative requirements. Recent iterations incorporate human rights requirements, recognising the imperative of adopting human rights-based approaches to development. Each institution has also established independent accountability mechanisms (IAM), variously functioning to ensure compliance with the applicable safeguards, to advise management regarding the application of the obligations involved, and to facilitate communication with affected communities and individuals with a view to resolving project-related disputes. IAMs are central to the implementation, interpretation, and ongoing elaboration of safeguard policies, and thus to the environmental and social good governance so essential for sustainable development. This edited volume presents a series of in-depth examinations by leading experts from banking institutions, academia and civil society, of key aspects of the rapidly evolving practice of IAMs, and of the implications of such practice for environmental and social governance.
How can international organizations (IOs) like the United Nations (UN) and their implementing partners be held accountable if their actions and policies violate fundamental human rights? This book provides a new conceptual framework to study pluralist accountability, whereby third parties hold IOs and their implementing partners accountable for human rights violations. Based on a rich study of UN-mandated operations in Afghanistan, Bosnia and Kosovo, the EU Troika's austerity policy, and Global Public-Private Health Partnerships in India, this book analyzes how competition and human rights vulnerability shape the evolution of pluralist accountability in response to diverse human rights violations, such as human trafficking, the violation of the rights of detainees, economic rights, and the right to consent in clinical trials. While highlighting the importance of alternative accountability mechanisms for legitimacy of IOs, this book also argues that pluralist accountability should not be regarded as a panacea for IOs' legitimacy problems, as it is often less legalized and might cause multiple accountability disorder.
This book develops an analysis of the historical, political and legal contexts behind current demands by NGOs and the United Nations Human Rights Council to hold corporations accountable for their human rights violations. Based on an analysis of the range of mechanisms of accountability that currently exist, it argues that that those demands are a response to the failure of neo-liberal policies that have dominated the practice of politics and law since the emergence of this debate in its current form in the 1970s. Offering a new approach to understanding how struggles for hegemony are refracted through a range of legal challenges to corporate human rights violations, the book offers a fresh perspective for understanding how those struggles are played out in the global sphere. In order to analyse the prospects for using human rights law to challenge the right of corporations to author human rights violations, the book explores the development of a range of political initiatives in the UN, the uses of tort law in domestic courts, and the uses of human rights law at the European Court of Human Rights and at the Inter-American Court of Human Rights. This book will be essential reading for all those interested in how international institutions and NGOs are both shaping and being shaped by global struggles against corporate power.