Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Law
Reputation And The Responsibility Of International Organizations, Kristina Daugirdas
Reputation And The Responsibility Of International Organizations, Kristina Daugirdas
Articles
The International Law Commission’s Draft Articles on the Responsibility of International Organizations have met a sceptical response from many states, international organizations (IOs), and academics. This article explains why those Articles can nevertheless have significant practical effect. In the course of doing so, this article fills a crucial gap in the IO literature, and provides a theoretical account of why IOs comply with international law. The IO Responsibility Articles may spur IOs and their member states to prevent violations and to address violations promptly if they do occur. The key mechanism for realizing these effects is transnational discourse among both …
The International Law Commission Reinvents Itself?, Kristina Daugirdas
The International Law Commission Reinvents Itself?, Kristina Daugirdas
Articles
For most of its history, the International Law Commission has been in the business of producing draft articles. Yet, Sean Murphy’s coverage of the Commission’s sixty-fifth session reveals that the Commission has decisively turned away from this format. As Jacob Katz Cogan’s earlier post observes, the Commission is demonstrating a new-found preference for outputs that are explicitly non-binding and betray no aspiration to form the basis for multilateral treaties. The Commission’s embrace of alternative formats is a promising response to some of the risks and criticisms associated with producing draft articles. But it is also an incomplete response. To ensure …
The Law Of Diplomatic Asylum–A Contextual Approach, Paul Behrens
The Law Of Diplomatic Asylum–A Contextual Approach, Paul Behrens
Michigan Journal of International Law
This Article will deal with the conduct of diplomatic missions and their agents; it will primarily address the question of whether they are entitled to grant asylum on diplomatic premises. That is not the same as the question whether a refugee may be entitled to asylum on mission premises— the individual asylum seeker may be subject to a different set of norms.