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Al-Dulimi and Competing Concepts of International Organizations

Gasbarri, L; (2016) Al-Dulimi and Competing Concepts of International Organizations. European Papers , 1 (3) pp. 1117-1125. 10.15166/2499-8249/97. Green open access

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Abstract

This Insight focuses on the two judgments of the European Court of Human Rights in the case Al-Dulimi and Montana Management Inc. v. Switzerland. It discusses the different approaches adopted by the European Court to deal with the responsibility of Member States of international organizations. It contends that the Court based its reasoning on two different concepts of international organization, founded on their original or derived nature. After introducing the theme, section II deals with the attribution of conduct to Member States and international organizations. Section III analyses the merits of the two judgments, distinguishing between the Chamber (III.1) and the Grand Chamber (III.2). In conclusion, section IV proposes a reading of the two judgments considering that the legal systems developed by international organizations are neither purely original or purely derived from international law.

Type: Article
Title: Al-Dulimi and Competing Concepts of International Organizations
Open access status: An open access version is available from UCL Discovery
DOI: 10.15166/2499-8249/97
Publisher version: https://doi.org/10.15166/2499-8249/97
Language: English
Additional information: This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. The images or other third party material in this article are included in the article’s Creative Commons license, unless indicated otherwise in the credit line; if the material is not included under the Creative Commons license, users will need to obtain permission from the license holder to reproduce the material. To view a copy of this license, visit https://creativecommons.org/licenses/by-nc-nd/4.0/
Keywords: International organizations – international responsibility – European Court of Human Rights – equivalent protection – Member States – conflict of obligations.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10043430
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