Kovalenko S. Codification of the institute of responsibility of international organizations in international law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U002233

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

18-05-2015

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

Thesis dedicated to all-inclusive investigation of codification of the institute of responsibility of international organizations in international law. Features of international organizations as the subjects of international law have been examined in the thesis study. This has been provided by investigation of the main peculiarities of international organizations, and the legal personality of these organizations are emphasized in relation to their international responsibility. The significance of international organizations as the influential subjects in international relations is interpreted according to the results of examination of the elements of their international legal status. A problem of the insufficiency of the respective regulations of the questions of international responsibility of the nongovernmental international organizations has been also highlighted. Legal pathways providing resolution of this problem are proposed in this context. A review of evolution of codification of the norms and principles of international law within the sphere of international responsibility, which covers an interval from ancient times until nowadays, helps one to realize the complexity and importance of the formation of an institution of such responsibility of international organizations in international law. Legal analysis of the statements of international treaties and agreements and of the international practice within the sphere of responsibility of international organizations based on international law demonstrates that there are significant gaps from this aspect. The author proposes some variants for the improvement of the existing regulation based on such treaties. The existing international agreements on the responsibility of international organizations are not capable of resolving all respective cases met in the practice. This is why certain practical recommendations in this field through application of international customary norms are proposed in the thesis study. In addition, the author pays special attention to the peculiarities of regulation of the questions of responsibility of international organizations basing on the above-mentioned customary norms. The author provided general comparative examination of the codification results which has been carried out within the framework of the Institute of International Law and the International Law Association. Attention is focused on not only common but also particular approaches in the codification work of the aforesaid institutions. Results of their codification activity, especially those obtained by the Internationally Law Association, exert a considerable influence on further codification process in this sphere.

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