Reassessing the Articles on the Responsibility of International Organizations

Edited by Antal Berkes, Senior Lecturer in Law, University of Liverpool, Richard Collins,Professor of Law, Queen's University Belfast and Rossana Deplano, Professor of Law, University of Leicester, UK

‘This exciting new book draws together a diverse range of scholars to review practice on one of the most vexed problems in the discipline. With a creative combination of approaches and case studies, many on novel topics, this volume is sure to become an indispensable reference for future scholarship.’

• ContentsForeword ixIntroduction to reassessing the articles on the responsibility ofinternational organizations 1Antal Berkes, Richard Collins and Rossana DeplanoPART I ASSESSING ARIO TEN YEARS LATER1 Ten years spent attributing the conduct to an internationalorganization 17Lorenzo Gasbarri2 The customary status of the articles on responsibility ofinternational organizations: a critical assessment of itsscholarly treatment 35Diego Mejía-LemosPART II RESPONSIBILITY IN PRACTICE: SELECTCASE STUDIES3 The responsibility of the United Nations duringstabilization operations 64Alexander Gilder4 The international responsibility of the North AtlanticTreaty Organization – do ARIO represent an effective tool? 86Petra Ditrichová5 The role of ARIO’s attribution rules in determining the respondent under the CETA 104Zdeněk NovýPART III SHARED RESPONSIBILITY6 International organizations in the law of the seaframework: overcoming the hurdles of international responsibility 133Vonintsoa Rafaly7 The responsibility of international organisations forinternational data sharing 147Antal Berkes8 Many hands in the black box: artificial intelligence andthe responsibility of international organizations 168Magdalena Pacholska9 Responsibility of international organizations for theconduct of private military and security companies 185Bence Kis Kelemen and Ágoston MohayPART IV PROGRESSIVE DEVELOPMENT10 Internal rules as lex specialis under the ARIO? The example of the EU accession to the ECHR 207Vassilis Pergantis11 Responsibility of arbitral institutions: a dual approach toinstitutional wrongdoings 225Nikola Kurkova Kl’mova12 Rethinking the responsibility of the InternationalCommittee of the Red Cross: a sui generis regime 243Sergey Sayapin13 COVID-19 and the World Health Organization: furtherexposing weaknesses in the foundation of the law ofresponsibility 260Scarlett McArdleConclusion to reassessing the articles on the responsibility ofinternational organizations 284Antal Berkes, Richard Collins and Rossana Deplano