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Full-Text Articles in Law
Member States' Due Diligence Obligations To Supervise International Organizations, Kristina Daugirdas
Member States' Due Diligence Obligations To Supervise International Organizations, Kristina Daugirdas
Book Chapters
There are two reasons to consider member states’ obligations to supervise international organisations as a distinct category of due diligence obligations. First, due diligence obligations typically require states to regulate third parties in some way. But it is harder for states to regulate international organisations than other private actors because international law protects the autonomy of international organisations. Second, such due diligence obligations merit attention because they may compensate for the dearth of mechanisms to hold international organisations accountable when they cause harm. This chapter canvasses member states’ existing obligations vis-à-vis international organisations, and argues in particular that the International …
Reputation And Accountability: Another Look At The United Nations’ Response To The Cholera Epidemic In Haiti, Kristina Daugirdas
Reputation And Accountability: Another Look At The United Nations’ Response To The Cholera Epidemic In Haiti, Kristina Daugirdas
Articles
The cholera outbreak in Haiti offers a useful case study of reputation as a disciplinarian of international organizations. On the one hand, UN officials and member states alike have emphasized the need to repair the organization’s damaged reputation. On the other hand, the UN secretariat declined to take certain steps that might have averted—or at least mitigated—that reputational damage in the first place. This contribution argues that the United Nations’ response to cholera in Haiti showcases some important limitations and complications of reputation as a disciplinarian. Reputation will function as a less effective disciplinarian of organizations in the context of …
Who's In Charge Of Global Finance?, Michael S. Barr
Who's In Charge Of Global Finance?, Michael S. Barr
Articles
The global financial crisis caused widespread harm not just to the financial system, but also to millions of households and businesses and to the global economy. The crisis revealed substantive, fundamental weaknesses in global financial regulation and raised serious questions about whether national regulators and the international financial regulatory system could ever be up to the task of overseeing global finance. This Article analyzes post-crisis reforms with two questions in mind: First, how can we build an effective international financial architecture with more than one architect? Second, can we build a system that is legitimate and accountable? The Article suggests …
Accountability And The Sri Lankan Civil War, Steven R. Ratner
Accountability And The Sri Lankan Civil War, Steven R. Ratner
Articles
Sri Lanka's civil war came to a bloody end in May 2009, with the defeat of the Liberation Tigers of Tamil Eelam (LTTE) by Sri Lanka's armed forces on a small strip of land in the island's northeast. The conflict, the product of long-standing tensions between Sri Lanka's majority Sinhalese and minority Tamils over the latter's rights and place in society, had begun in the mid-1980s and ebbed and flowed for some twenty-five years, leading to seventy to eighty thousand deaths on both sides. Government repression of Tamil aspirations was matched with ruthless LTTE tactics, including suicide bombings of civilian …
Individual Accountability For Human Rights Abuses: Historical And Legal Underpinnings, Steven R. Ratner, Jason S. Abrams, James L. Bischoff
Individual Accountability For Human Rights Abuses: Historical And Legal Underpinnings, Steven R. Ratner, Jason S. Abrams, James L. Bischoff
Book Chapters
The international legal community is beset today with talk of accountability. Governments, international organizations, non-governmental organizations, and scholars speak of the need to hold individuals responsible for official acts that violate the most cherished of international human rights. Some study the nature of various infractions with an eye toward codification; others seek to create or engage mechanisms for trying or otherwise punishing individuals. Their common mission is based on a shared understanding that international law has a role to play not only in setting standards for governments, non-state actors, and their agents, but in prescribing the consequences of a failure …
The False Panacea Of Offshore Deterrence, James C. Hathaway
The False Panacea Of Offshore Deterrence, James C. Hathaway
Articles
Governments take often shockingly blunt action to deter refugees and other migrants found on the high seas, in their island territories and in overseas enclaves. There is a pervasive belief that when deterrence is conducted at arms-length from the homeland it is either legitimate or, at the very least, immune from legal accountability.