0506515 - ÚSP 2020 RIV NL eng M - Část monografie knihy
Mrázek, Josef
The Responsibility of International Organizations.
Czech Yearbook of International Law. Vol. IX International Organisations. The Hague: Lex Lata BV, 2018 - (Bělohlávek, A.; Rozehnalová, N.), s. 171-196. ISBN 978-90-824603-7-7
Institucionální podpora: RVO:68378122
Klíčová slova: draft articles * responsibility of international organizations * state responsibility * International Law Commission * breach of obligations * wrongfulness * countermeasures
Obor OECD: Law

The responsibility of international organizations has increased in importance in the two last decades, both in theory and in the practice of international law. In August of 2011, the International Law Commission (ILC) adopted the Draft Articles on Responsibility of International Organizations (DARIO). This work of the ILC closely followed the pattern of the widely accepted Draft Articles on the Responsibility of States for International Wrongful Acts (DARS) of 2001. In both cases, the ILC has taken the same approach, which has been criticized in the latter case for not sufficiently recognizing the differences between state and international organizations and equating them to a large extent in the legal regime of responsibility. Despite increased criticism, the work of the ILC is very deserving and progressive and will hopefully have significant practical effects. It would not be reasonable to form quite different regimes for States and international organizations, in dealing with legal consequences of breaches of international obligations. The 2011 Draft articles may also have a positive preventive impact on the behaviour of international organizations, while stressing that any internationally wrongful act of an international organization entail its international legal responsibility. The present article relates to the international responsibility of an international organization for an internationally wrongful act.

Trvalý link: http://hdl.handle.net/11104/0297743