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2 - The Governing Law

from Part I - The Legal Foundations of the International Responsibility of the European Union

Published online by Cambridge University Press:  09 December 2021

Emilija Leinarte
Affiliation:
University of Cambridge
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Summary

Chapter 2 explores the ILC framework of international responsibility. The aim of the analysis is to identity rules which govern the allocation of international responsibility in a multi-layered structure where sovereignty is shared between different subjects of international law. This study argues that the purpose of both the ARIO and the ARSIWA is to determine whether a subject of international law is internationally responsible. If the question of responsibility arises in the context of a multi-layered structure, such as that of the EU, additional questions arise. The allocation of international responsibility within an international body falls outside the scope of the ARIO framework. Instead, this book suggests looking for guidance in the rules of organisation and the international dispute-settlement practice in which these rules operate.

Type
Chapter
Information
Functional Responsibility of International Organisations
The European Union and International Economic Law
, pp. 21 - 38
Publisher: Cambridge University Press
Print publication year: 2021

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  • The Governing Law
  • Emilija Leinarte, University of Cambridge
  • Book: Functional Responsibility of International Organisations
  • Online publication: 09 December 2021
  • Chapter DOI: https://doi.org/10.1017/9781108979085.003
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  • The Governing Law
  • Emilija Leinarte, University of Cambridge
  • Book: Functional Responsibility of International Organisations
  • Online publication: 09 December 2021
  • Chapter DOI: https://doi.org/10.1017/9781108979085.003
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Governing Law
  • Emilija Leinarte, University of Cambridge
  • Book: Functional Responsibility of International Organisations
  • Online publication: 09 December 2021
  • Chapter DOI: https://doi.org/10.1017/9781108979085.003
Available formats
×