Invocating Responsibility of International Organizations

2016 Fiscal Year Final Research Report

• Project/Area Number: 15H06302
• Research Category: Grant-in-Aid for Research Activity Start-up
• Allocation Type: Single-year Grants
• Research Field: International law
• Research Institution: Kobe University
• Principal Investigator: Okada Yohei 神戸大学, 国際協力研究科, 准教授 (30760532)
• Project Period (FY): 2015-08-28 – 2017-03-31
• Keywords: 国際機構 / 責任 / 裁判権免除 / 人権アプローチ / 代替手段提供義務 / 国連特権免除条約 / 国連憲章第103条

Outline of Final Research Achievements

In interpreting rules on how to invocate responsibility of international organizations, a human rights-based approach plays significant roles. As to the content of the UN's obligation articulated in Article VIII Section 29 of the Convention on Privileges and Immunities of the UN (CPIUN), the approach requires the UN to take necessary steps to improve the existing mechanisms so that the obligation is appropriately implemented. In determining the scope of the obligation, this approach endorses the argument that the claims filed by the victims of the Haiti cholera case are based on the infringement of their own rights, and therefore the UN is obliged to offer alternative means for dispute settlement. In contrast, the approach cannot be utilized to justify the conditional link between fulfilment of the obligation by the UN and entitlement of its immunity because interpreting the CPIUN in such a way would be contrary to the object and purpose of the Convention.

Free Research Field

国際法、国際機構法