Denysova D. International responsibility of international governmental organizations.

Thesis covers the analysis and justification of theoretical foundations of the negative international legal responsibility of the international governmental organizations (IGOs). It has been suggested that the law of international responsibility was developed by reference to States and as such often fails to provide satisfactory answers to questions particular to international organizations. It contains examination of Articles on Responsibility of International Organizations (hereinafter -ARIO) and proposals on amendment of certain articles of ARIO and emendation to commentaries to Article 7 of ARIO, adopted by International Law Commission in 2011. In this connection this thesis deals with the normative framework and manifestation in practice of one of the two constitutive elements of international responsibility of international organizations - the attribution of conduct to the organization. In other words, the thesis investigates the following question: what are the links that need to be established between the organization and particular conduct for the latter to be considered the act of the organization in question. This issue is explored in the context of UN peacekeeping operations where the question of whether the acts of soldiers should be attributed to the troop-contributing States or the implementing organization is particularly topical. Also within the framework of this scientific paper criterions that should be applied for bringing the UN to international responsibility in peacekeeping missions under its sole command and control, peacekeeping operations under national or regional commands and in joint peacekeeping operations are defined. Substantiated the validity of holding regional IGOs responsible in peacekeeping operations under regional commands. This thesis as well discusses the role and the legal nature of the so-called "rules of the organization" in the Articles on the Responsibility of International Organizations. A separate section of the thesis investigates the issues of bringing the IGOs to international legal responsibility as a result of there causative participation in the commission of the international wrongful act by bodies or agents of the State. This section thereby offers some reflections on the way in which the International Law Commission Articles on the Responsibility of International Organizations have addressed the responsibility of international organizations for conduct of member States implementing their normative acts. This thesis discusses articles 14, 15, 16, 17 of the Articles on the Responsibility of International Organizations and intends to highlight some problems that stem from the fact of the current formulations of the abovementioned Articles of the International Law Commission Articles on the Responsibility of International Organizations.