Book contents
- Frontmatter
- Preface
- Contents
- List of Abbreviations
- Chapter 1 Introduction
- Chapter 2 IFIs Positioning Themselves in the Human Rights Field
- Chapter 3 Applicable Human Rights Obligations
- Chapter 4 Attributing Unlawful Conduct to IFIs and their Member States
- Chapter 5 Accountability and Redress
- Chapter 6 Concluding Remarks
- Annex I Tilburg-GLOTHRO Guiding Principles on the World Bank Group, the International Monetary Fund and Human Rights
- Annex II Draft Articles on the Responsibility of States for Internationally Wrongful Acts (2001) (excerpts)
- Annex III Draft Articles on the Responsibility of International Organizations (2011) (excerpts)
- Annex IV Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights (2011) (excerpts)
- Annex V UN Guiding Principles on Business and Human Rights (2011) (excerpts)
- Bibliography
Annex III - Draft Articles on the Responsibility of International Organizations (2011) (excerpts)
Published online by Cambridge University Press: 12 December 2017
- Frontmatter
- Preface
- Contents
- List of Abbreviations
- Chapter 1 Introduction
- Chapter 2 IFIs Positioning Themselves in the Human Rights Field
- Chapter 3 Applicable Human Rights Obligations
- Chapter 4 Attributing Unlawful Conduct to IFIs and their Member States
- Chapter 5 Accountability and Redress
- Chapter 6 Concluding Remarks
- Annex I Tilburg-GLOTHRO Guiding Principles on the World Bank Group, the International Monetary Fund and Human Rights
- Annex II Draft Articles on the Responsibility of States for Internationally Wrongful Acts (2001) (excerpts)
- Annex III Draft Articles on the Responsibility of International Organizations (2011) (excerpts)
- Annex IV Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights (2011) (excerpts)
- Annex V UN Guiding Principles on Business and Human Rights (2011) (excerpts)
- Bibliography
Summary
Text adopted by the International Law Commission of the United Nations at its sixty-third session, in 2011, and submitted to the General Assembly as a part of the Commission's report covering the work of that session. The text can be found at http://legal.un.org/ilc/texts/instruments/english/draft%20articles/9_l 1_201 1.pdf. A commentary can be found at http://legal.un.org/ilc/texts/instruments/english/ draft%20articles/9_ll_2011.pdf. The General Assembly ‘took note’ of the articles and ‘commen[ded] them to the attention of Governments and international organizations without prejudice to the question of their future adoption or other appropriate action’ (A/RES/66/100, 9 December 2011). Again, a few exceptions left aside not relevant in the present context, the Articles are generally considered to be customary international law.
Article 1
Scope of the present draft articles
The present draft articles apply to the international responsibility of an international organization for an internationally wrongful act.
The present draft articles also apply to the international responsibility of a State for an internationally wrongful act in connection with the conduct of an international organization.
Article 2
Use of terms for the purposes of the present draft articles
(a) 'international organization’ means an organization established by a treaty or other instrument governed by international law and possessing its own international legal personality. International organizations may include as members, in addition to States, other entities;
(b) 'rules of the organization’ means, in particular, the constituent instruments, decisions, resolutions and other acts of the international organization adopted in accordance with those instruments, and established practice of the organization;
(c) 'organ of an international organization’ means any person or entity which has that status in accordance with the rules of the organization;
(d) 'agent of an international organization’ means an official or other person or entity, other than an organ, who is charged by the organization with carrying out, or helping to carry out, one of its functions, and thus through whom the organization acts.
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- Information
- The World Bank Group, the IMF and Human RightsA Contextualised Way Forward, pp. 69 - 78Publisher: IntersentiaPrint publication year: 2015