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Part 2 The United Nations: What it is, 13 Responsibility of the United Nations

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan

From: Oppenheim's International Law: United Nations

Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 24 October 2021

Subject(s):
Immunity from jurisdiction — Responsibility of international organizations — Attribution

The question of the responsibility of international organizations has been considered in depth by international bodies, and has been the subject of Draft Articles on the Responsibility of International Organizations (DARIO), finalized by the International Law Commission in 2011. However, there are aspects that remain uncertain due to the limited applicability of the principles of state responsibility to the UN, the status of DARIO as progressive development rather than codification of international law, the few express statements on responsibility in international instruments, and scant practice. This chapter discusses the Draft Articles on the Responsibility of International Organizations; attribution of conduct; allocating responsibility between the UN and member states; unequal access to dispute settlement mechanisms; immunity of the UN in national proceedings; circumstances precluding wrongfulness; consequences of a finding of responsibility; the implementation of the international responsibility of an international organization; and responsibility of the UN in peacekeeping operations.

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