Tuesday, March 12, 2013

Boon: The Role of Lex Specialis in the Articles on the Responsibility of International Organizations

Kristen Boon (Seton Hall Univ. - Law) has posted The Role of Lex Specialis in the Articles on the Responsibility of International Organizations (in Responsibility of International Organizations, Maurizio Ragazzi ed., forthcoming). Here's the abstract:
The International Law Commission’s (ILC) recent endeavor to progressively develop principles of responsibility applicable to international organizations (IOs) reignited an old debate: do IOs share a common set of core attributes? Or are they fundamentally sui generis, given their great variations in mandate, size, and power vis a vis member states? The comments submitted by IOs to the ILC demonstrate that there is very little consensus on the genus of IO, and consequently on the application of general rules to these increasingly important and pervasive bodies. Indeed, most IOs took the position that the founding premise of the international legal framework applicable to IOs should be speciality not generality.