e-book Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie

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Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie by MAURIZIO RAGAZZI [Martinus Nijhoff Publishers, Leiden, , pp.
Table of contents

Actually, his paper is based on the application of the effective control standard to the IO, while the House of Lords affirmed the sovereignty rights of the UK over its troops without making any inquiry into the degree of control exercised by the UN in Cyprus. This situation, as we will see in the next paragraph, does not reflect the complex institutional framework of peacekeeping operations. Against this background, the presumption in favour of the attribution to the IOs can be challenged by a number of factors, which are very frequent in the practice of peacekeeping operations.

In this scenario, it is clear that the control exercised by the TCS over their troops discontinues the chain of command of the IO.

نگاهی انتقادی به پیش‌نویس مواد راجع به مسئولیت سازمان‌های بین‌المللی

An investigation into the conduct of TCS is therefore necessary to assess the exclusiveness of the control exercised over the troops and to rebut the presumption of exclusive attribution to the IO. In the Nuhanovic case, there exists no dictum of the Dutch Courts in which the organic link between Dutchbat and the UN is considered to be severed.

This does not necessarily imply that national orders cut across the chain of command of the IO. National orders can be shared with the IO or adopted in the institutional framework of the organization. It follows that we would always — or, at least, often — have a certain degree of control exercised by the IO and the TCS over a specific conduct even if an order stems from one entity only. It is therefore a matter of the degree of control rather than one of exclusiveness. The Nuhanovic case is a paradigmatic example of such a practice.

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If a presumption exists, it should instead be in favour of the institutional framework of the IOs. Oxford: Oxford University Press. Memory Of Sir Ian Brownlie is available on print and digital edition.

This pdf ebook is. B Articles. Ahlborn, Christiane. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by. Citation Data M. Publication Year.

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