Chapter 2: The customary status of the articles on the responsibility of international organizations: a critical assessment of its scholarly treatment
The Articles on Responsibility of International Organizations (ARIO) have given rise to various controversies, notably concerning: the customary status of the rules set out in the ARIO; the participation of international organisations in the formation of general custom, if any, underpinning those ru...
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| Formaat: | Online |
| Taal: | Engels |
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Edward Elgar Publishing
2024
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| Online toegang: | https://directory.doabooks.org/handle/20.500.12854/146253 |
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| _version_ | 1869526464742817792 |
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| author | Mejía-Lemos, Diego |
| author_browse | Mejía-Lemos, Diego |
| author_facet | Mejía-Lemos, Diego |
| author_sort | Mejía-Lemos, Diego |
| collection | Directory of Open Access Books |
| description | The Articles on Responsibility of International Organizations (ARIO) have given rise to various controversies, notably concerning: the customary status of the rules set out in the ARIO; the participation of international organisations in the formation of general custom, if any, underpinning those rules; and the nature of those rules as secondary rules of ‘systemic’ significance. This chapter critically examines scholarly approaches to those controversies and advances three major claims. First, the customary status of the ARIO is often assumed or asserted, in contrast to the views of states and international organisations. Secondly, the nature of international organisations as derived subjects of law is insufficiently considered in analyses of international organisations’ custom-making power. Thirdly, the character of the ARIO as an instrument aiming to codify secondary rules performing ‘systemic’ functions requires a more rigorous approach, notably if compliance with the two-element approach to customary international law identification is to be ensured. |
| format | Online |
| id | doab-20.500.12854ir-146253 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | Edward Elgar Publishing |
| publisherStr | Edward Elgar Publishing |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1462532024-10-17T08:30:07Z Chapter 2: The customary status of the articles on the responsibility of international organizations: a critical assessment of its scholarly treatment Mejía-Lemos, Diego General international law; International obligations; Law of international responsibility; Customary international law; Articles on Responsibility of International Organisations; Articles on the Responsibility of States for Internationally Wrongful Acts LBBU The Articles on Responsibility of International Organizations (ARIO) have given rise to various controversies, notably concerning: the customary status of the rules set out in the ARIO; the participation of international organisations in the formation of general custom, if any, underpinning those rules; and the nature of those rules as secondary rules of ‘systemic’ significance. This chapter critically examines scholarly approaches to those controversies and advances three major claims. First, the customary status of the ARIO is often assumed or asserted, in contrast to the views of states and international organisations. Secondly, the nature of international organisations as derived subjects of law is insufficiently considered in analyses of international organisations’ custom-making power. Thirdly, the character of the ARIO as an instrument aiming to codify secondary rules performing ‘systemic’ functions requires a more rigorous approach, notably if compliance with the two-element approach to customary international law identification is to be ensured. Published 2024-10-17T08:29:57Z 2024-10-17T08:29:57Z 2024-10-17 chapter 9781035309115 https://directory.doabooks.org/handle/20.500.12854/146253 eng image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International https://www.e-elgar.com/shop/gbp/reassessing-the-articles-on-the-responsibility-of-international-organizations-9781035309108.html https://www.elgaronline.com/edcollchap-oa/book/9781035309115/book-part-9781035309115-9.xml Edward Elgar Publishing Edward Elgar Publishing 10.4337/9781035309115.00009 10.4337/9781035309115.00009 01ceac28-75b4-492a-8eec-f9b98bc6b28c https://creativecommons.org/licenses/by-nc-nd/4.0/ 9781035309115 Edward Elgar Publishing Cheltenham, UK open access |
| spellingShingle | General international law; International obligations; Law of international responsibility; Customary international law; Articles on Responsibility of International Organisations; Articles on the Responsibility of States for Internationally Wrongful Acts LBBU Mejía-Lemos, Diego Chapter 2: The customary status of the articles on the responsibility of international organizations: a critical assessment of its scholarly treatment |
| title | Chapter 2: The customary status of the articles on the responsibility of international organizations: a critical assessment of its scholarly treatment |
| title_full | Chapter 2: The customary status of the articles on the responsibility of international organizations: a critical assessment of its scholarly treatment |
| title_fullStr | Chapter 2: The customary status of the articles on the responsibility of international organizations: a critical assessment of its scholarly treatment |
| title_full_unstemmed | Chapter 2: The customary status of the articles on the responsibility of international organizations: a critical assessment of its scholarly treatment |
| title_short | Chapter 2: The customary status of the articles on the responsibility of international organizations: a critical assessment of its scholarly treatment |
| title_sort | chapter 2 the customary status of the articles on the responsibility of international organizations a critical assessment of its scholarly treatment |
| topic | General international law; International obligations; Law of international responsibility; Customary international law; Articles on Responsibility of International Organisations; Articles on the Responsibility of States for Internationally Wrongful Acts LBBU |
| topic_facet | General international law; International obligations; Law of international responsibility; Customary international law; Articles on Responsibility of International Organisations; Articles on the Responsibility of States for Internationally Wrongful Acts LBBU |
| url | https://directory.doabooks.org/handle/20.500.12854/146253 |
| work_keys_str_mv | AT mejialemosdiego chapter2thecustomarystatusofthearticlesontheresponsibilityofinternationalorganizationsacriticalassessmentofitsscholarlytreatment |