This article is the text of the SHARES lecture Judge Giorgio Gaja gave at the University of Amsterdam on 11 April 2013, entitled: ‘The relations between the European Union and its member states from the perspective of the ILC Articles on Responsibility of International Organizations’.
This short article sheds some light on the difficulties inherent in the application of international responsibility mechanisms to situations of authorized regional uses of force. It shows the extent to which the double institutional veil that characterizes these situations comes … Read more
3 May 2013
On 3 May, the Procurator General of the Supreme Court of the Netherlands (mr. P. Vlas) concluded in his so-called ‘advisory opinion’ that the appeal against the Judgment of the Court of Appeal of the Hague, which found that the Netherlands was liable for evicting Bosnian nationals from the compound of Dutchbat in Srebrenica on 12 July 1995, should be rejected. The main task of the Procurator General of the Supreme Court of the Netherlands is to provide independent advice (known as ‘advisory opinion’) to the members of the Supreme Court on how to rule in the cassation proceedings that are before the Court.
The advisory opinion is very rich in legal analysis of questions of shared responsibility. It cites no less than four papers written as part of the SHARES Project, and will be commented upon more fully at a later stage. A few quick points that stand out will be identified below. (more…)
24 April 2013
On 11 April, Judge Gaja gave a SHARES lecture entitled “The relations between the European Union and its member states from the perspective of the ILC Articles on Responsibility of International Organizations.” In his remarks, Judge Gaja discussed various aspects of the European Union’s relationship to the Articles, including its plea for special status, the implications of the EU’s forthcoming accession to the European Court of Human Rights, and the application of Articles 14 – 17 to international organizations generally.
Of particular note were his remarks on shared responsibility and the EU. Under the Articles, the EU responsibility might arise if it breaches an international obligation by act or omission. Judge Gaja used the Chile v. European Communities case based on dispute between Chile and Spanish fishermen fishing swordfish outside of the EEZ of Chile as an example of a situation where the EU might have been found responsible for failing to achieve a certain result, in this case the preservation of swordfish. Although the case settled, the EU has exclusive competence for the conservation of maritime resources and consequently there is little question it would have been responsible for any breach (see Hoffmeister’s article here). (more…)