{"title":"Rethinking the Scope of Application of International Humanitarian Law and its Place in the International Legal System","authors":"T. Gill","doi":"10.4337/mllwr.2022.01.04","DOIUrl":"https://doi.org/10.4337/mllwr.2022.01.04","url":null,"abstract":"This essay explores some of the unsettled issues and certain issues which are arguably not settled satisfactorily relating to the material, personal, geographical and temporal scope of application of international humanitarian law and presents some arguments in favour of rethinking certain elements relating to that scope of application and the function and relationship of IHL to other regimes within international law and its place within the international legal system.","PeriodicalId":403278,"journal":{"name":"ALS: Amsterdam Center for International Law (Topic)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124067731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Addressing the Appellate Body Crisis: A Plurilateral Solution?","authors":"G. Vidigal","doi":"10.2139/ssrn.3359555","DOIUrl":"https://doi.org/10.2139/ssrn.3359555","url":null,"abstract":"The crisis over appointments to the Appellate Body risks dismantling the WTO’s compulsory dispute settlement system. This paper argues that solutions to the crisis that seek to overcome the opposition of the United States and reinstate the system through majority rule are legally fragile and politically unwarranted, while purely ad hoc bilateral solutions fall far short of ensuring the security provided by compulsory dispute settlement. The paper examines the possibility of a ‘plurilateral’ solution, through an ex ante agreement among willing Members, to establish an alternative means of achieving compulsory dispute resolution. Among the possible arrangements, the one that best fits the letter and spirit of the Dispute Settlement Understanding is an agreement to maintain panel proceedings in place and allow parties to appeal to an ‘appeals Arbitrator’ in case of a non-operational Appellate Body. If appropriately designed, such an ex ante agreement not only allows willing Members to restore a high degree of security and predictability in their mutual trade relations but also allows appeals Arbitrators to produce authoritative legal interpretations of WTO law, increasing the incentives for multilateral negotiations leading to a permanent resolution of the crisis.","PeriodicalId":403278,"journal":{"name":"ALS: Amsterdam Center for International Law (Topic)","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114262505","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Rules of International Organizations and the Law of International Responsibility","authors":"C. Ahlborn","doi":"10.1163/157237411X634970","DOIUrl":"https://doi.org/10.1163/157237411X634970","url":null,"abstract":"This paper discusses the role of the so-called \"rules of the organization\" in the draft Articles on the Responsibility of International Organizations (DARIO), adopted by the International Law Commission (ILC) on first reading. While the rules of the organization occupy a central place in the DARIO, the ILC has decided not to take a \"clear-cut view\" on their legal nature as either international law or internal law of the organization. This paper argues that the ILC’s indecision has left the DARIO with a fluctuating scope of application concerning various provisions such as the attribution of conduct, the breach of an international obligation, the obligation to make reparation, and countermeasures against an international organization. Since the rules of the organization are a term of art that was developed by the ILC in its work on the law of treaties and has rarely been addressed in legal scholarship, Part 1 examines the legal nature of the different components of the rules of the organization: the constituent instruments, the acts, and the established practice of the organization. While the constituent instruments are contracts between States at the moment of the creation of an international organization, they operate as constitutions during the life of the organization, giving it the autonomy to create internal law in force between the subjects of its legal order, including its member States. Part 2 therefore suggests to reconceive the rules of the organization as \"internal law\" of the organization as long as the organization functions effectively so as to appropriately reflect an international organization’s constitutional autonomy for purposes of international responsibility.","PeriodicalId":403278,"journal":{"name":"ALS: Amsterdam Center for International Law (Topic)","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126322726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}