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International Organizations and the Fight for Accountability: The Remedies and Reparations Gap

Ferstman, Carla (2017) International Organizations and the Fight for Accountability: The Remedies and Reparations Gap. Oxford University Press. ISBN 9780192536471

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Abstract

This book is concerned with reparation for human rights and international humanitarian law breaches committed by or attributed to international organizations. These breaches constitute internationally wrongful acts which, according to the International Law Commission’s Draft articles on the responsibility of international organizations, give rise to an obligation on the offending organization to afford reparation. However, in practice, the obligation to afford reparation is unimplemented. The book explores why this is. It considers how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and, particularly, their application to remedies and reparation owed to individuals. It reviews the various gaps in the law and the limitations of existing redress mechanisms. The book analyses the cogency of the arguments and rationales that have been used by international organizations to limit their liability and the scope and functioning of redress mechanisms, included by the resort to lex specialis principles. It is postulated that the standards of reparation must be drawn from the nature of the breach and the resulting harms and not by who is responsible for the breach. In this respect the book is an exercise in the progressive development of the law. Having determined that existing redress mechanisms cannot afford adequate or effective remedies and reparation, the book explores how to move towards a model that achieves greater compliance.

Item Type: Book
Uncontrolled Keywords: Law
Divisions: Faculty of Humanities > Law, School of
Depositing User: Elements
Date Deposited: 24 Jun 2020 14:38
Last Modified: 24 Jun 2020 14:38
URI: http://repository.essex.ac.uk/id/eprint/27976

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