PREJUDICE WITHIN LIABILITY OF INTERNATIONAL ORGANIZATIONS
REFLECTIONS ON ISSUES OVER ESTABLISHED ASPECTS IN ILC PROJECT REGARDING LIABILITY OF INTERNATIONAL ORGANIZATIONS-
PREJUDICE WITHIN LIABILITY OF INTERNATIONAL ORGANIZATIONS
REFLECTIONS ON ISSUES OVER ESTABLISHED ASPECTS IN ILC PROJECT REGARDING LIABILITY OF INTERNATIONAL ORGANIZATIONS-
Author(s): Felicia MaximSubject(s): International Law
Published by: Österreichische Nationalbibliothek Wien/ Österreichisch-Rumänischer Akademischer Verein
Keywords: internationally wrongful act; tort; restitution; compensation; satisfaction;
Summary/Abstract: Responsibility of international organizations was raised in 1963 by the report of Erian on relations between states and intergovernmental organizations. The report shows that the role of organizations is increasingly higher and this aspect leads us to look at the liability of international intergovernmental organizations more closely. In 2011, the International Law Commission (ILC) adopted the project and submitted to the Governments of the Member States of the UN. By resolution 66/98 of 9th December 2011 the UN General Assembly took note of the Draft articles on responsibility of international organizations and decided to include the topic in the provisional agenda of the sixty-ninth session, which will be held in 2014. Development of the Draft articles on responsibility of international organizations, as well as the liability of states case, was characterized by controversy over issues wanted to be covered, in the end being considered the rule of general applicability. Thus the classification of prejudice from sine qua non prerequisite to the production of internationally wrongful consequence caused lengthy analysis leading to the conclusion that the injury is not a necessary element triggering the liability of international organizations.
Journal: Conferința Internațională Educație și Creativitate pentru o Societate Bazată pe Cunoaștere - DREPT
- Issue Year: VII/2013
- Issue No: VII
- Page Range: 92-101
- Page Count: 10
- Language: English