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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 November 2019

Is the Topic of Responsibility of International Organizations Ripe for Codification? Some Critical Remarks

Is the Topic of Responsibility of International Organizations Ripe for Codification? Some Critical Remarks

Chapter:
(p.695) Is the Topic of Responsibility of International Organizations Ripe for Codification? Some Critical Remarks
Source:
From Bilateralism to Community Interest
Author(s):

Gerhard Hafner

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0044

This short survey of practical and theoretical problems associated with a codification of the topic of responsibility of international organizations (IOs) illustrates that the social basis of responsibility, namely issues of control as well as the legal qualification of the relationships between an IO and its member States and those between IOs and non-member States, are not settled so that the problems resulting therefrom have not yet been resolved. One cannot even exclude an approach that construes the responsibility imposed on IOs only as a channelling of responsibility towards IOs irrespective of the socially responsible actor such as the member State. From such a perspective, the responsibility of IOs would amount to a non-rebuttable legal fiction such as a praesumptio iuris ac de iure.

Keywords:   international organizations, codification, responsibility, social basis

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