The Subject of Subjects and the Attribution of Attribution

INTERNATIONAL LAW AND THE QUEST FOR ITS IMPLEMENTATION: LIBER AMICORUM VERA GOWLLAND-DEBBAS, pp. 44-58, V. Gowlland-Debbas, L. Boisson de Chazournes and M. Kohen, eds., Brill, 2010

14 Pages Posted: 28 May 2010

See all articles by Andrew Clapham

Andrew Clapham

Graduate Institute of International and Development Studies

Date Written: May 27, 2010

Abstract

This chapter revisits the idea of subjects of international law and suggests that there may be multiple entities that enjoy international personality even if they do not all have the same capacities as states to hold international rights and obligations. The scope of these obligations, however, remains unclear. In cases brought against international organizations the issue has been seen as one of attribution and here it is argued that the same act can be simultaneously attributed to the international organization as well as the relevant member states. The concept of complementarity is used to highlight how we need to be able to consider simultaneous responsibilities and not see the acts of peacekeepers as exclusively attributable to the entity that authorized the operation.

Keywords: Subjects of International Law, Attribition of Acts, International Organizations, Human Rights, Complementarity

Suggested Citation

Clapham, Andrew, The Subject of Subjects and the Attribution of Attribution (May 27, 2010). INTERNATIONAL LAW AND THE QUEST FOR ITS IMPLEMENTATION: LIBER AMICORUM VERA GOWLLAND-DEBBAS, pp. 44-58, V. Gowlland-Debbas, L. Boisson de Chazournes and M. Kohen, eds., Brill, 2010, Available at SSRN: https://ssrn.com/abstract=1616629

Andrew Clapham (Contact Author)

Graduate Institute of International and Development Studies ( email )

PO Box 136
Geneva, CH-1211
Switzerland

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