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2 Sources in the Scholastic Legacy: The (re)Construction of the Ius Gentium in the Second Scholastic
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I. Introduction I. Introduction
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II. The Independent Personality of International Organizations II. The Independent Personality of International Organizations
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III. The Accountability of International Organizations as Independent Actors III. The Accountability of International Organizations as Independent Actors
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IV. Back to Sources or the Law Binding on International Organizations IV. Back to Sources or the Law Binding on International Organizations
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V. Conclusion V. Conclusion
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Research Questions Research Questions
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Selected Bibliography Selected Bibliography
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46 Sources of International Organizations’ Law: Why Custom and General Principles are Crucial
Get accessAugust Reinisch Professor of International Law at the University of Vienna, Austria, and Member of the International Law Commission.
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Published:05 February 2018
Cite
Abstract
This chapter notes that for a considerable period, international organizations scholarship was preoccupied with establishing international organizations as actors enjoying their own international legal personality. With the increase and diversification of tasks fulfilled by such organizations, the question has come to the fore as to what extent these subjects of international law may become responsible for their actions. This debate has overshadowed the underlying and more fundamental question of what kinds of obligations can be identified as binding upon international organizations. According to this chapter, the latter central question requires one to turn to the sources of international organizations’ law. It places special emphasis on the practical implications of identifying the right sources for accountability issues, whether they concern UN embargoes, targeted sanctions, peacekeeping, or the administration of (criminal) justice by international organizations.
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