Tuesday, July 20, 2010

Clapham: The Subject of Subjects and the Attribution of Attribution

Andrew Clapham (Graduate Institute of International and Development Studies - Law) has posted The Subject of Subjects and the Attribution of Attribution (in International Law and the Quest for its Implementation, Laurence Boisson de Chazournes & Marcelo G. Kohen eds., 2010). Here's the abstract:
This chapter revisits the idea of subjects of international law and suggests that there may be multiple entities that enjoy international personality even if they do not all have the same capacities as states to hold international rights and obligations. The scope of these obligations, however, remains unclear. In cases brought against international organizations the issue has been seen as one of attribution and here it is argued that the same act can be simultaneously attributed to the international organization as well as the relevant member states. The concept of complementarity is used to highlight how we need to be able to consider simultaneous responsibilities and not see the acts of peacekeepers as exclusively attributable to the entity that authorized the operation.