国际组织对其行动的责任及其影响:联合国与俄罗斯-乌克兰战争

Islam Desouky Abd Elnaby
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引用次数: 0

摘要

目的:本研究的目的是探讨国际组织对其行动的国际责任,并阐明产生这种责任的条件。通过分析国际组织的法律性质和探讨相关案例,本研究力图对国际组织在国际舞台上承担责任的法律框架有一个全面的了解。 方法:为实现既定目标,本研究采用了概念和分析方法。它涉及对与国际组织的法律人格和责任有关的法律文献、国际条约、司法判决和学术文章的全面审查和分析。此外,还对案例研究进行了审查,以说明在确定国际组织对其行为的责任时法律原则的应用情况。 结果:分析表明,国际组织被视为能够独立于成员国开展活动的法律实体。如果国际组织的行动是非法的,违反了其国际义务,则可能引起国际责任。当国际组织的代表或机关参与的行动对其他国际法主体造成损害时,这种责任就归于国际组织。然而,在某些情况下,国际组织的责任并不适用,类似于影响国家国际责任的障碍。承认国际组织的法律人格使其能够享有权利和承担责任,从而能够对其雇员或机关的非法行为追究责任。 结论:总之,本研究强调了承认国际组织法律人格的重要性,并阐明了在何种条件下国际组织可对其行为负责。通过全面分析国际组织问责制的法律框架,本研究有助于更好地理解国际组织在国际法律体系中的作用。展望未来,必须确保建立有效机制,追究国际组织对其行动的责任,从而促进国际事务中的问责制、透明度和对国际法的遵守。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
INTERNATIONAL ORGANIZATIONS' RESPONSIBILITY FOR THEIR ACTIONS AND ITS RAMIFICATIONS: THE UNITED NATIONS AND THE RUSSIAN-UKRAINIAN WAR
Objectives: The objectives of this study are to examine the international responsibility of international organizations for their actions and to elucidate the conditions under which such responsibility arises. By analyzing the legal nature of international organizations and exploring relevant cases, this study seeks to provide a comprehensive understanding of the legal framework governing the accountability of international organizations in the international arena.   Methods: To achieve the stated objectives, this study employs a conceptual and analytical approach. It involves a comprehensive review and analysis of legal literature, international treaties, judicial decisions, and scholarly articles pertaining to the legal personality and responsibility of international organizations. Additionally, case studies are examined to illustrate the application of legal principles in determining the responsibility of international organizations for their actions.   Results: The analysis reveals that international organizations are recognized as legal entities capable of independent activity separate from member states. Their actions may give rise to international responsibility if they are illegal and in violation of their international obligations. Such responsibility is attributable to the international organization when its representatives or organs are involved in the actions that result in harm to other subjects of international law. However, there are instances where the responsibility of international organizations is not applicable, similar to impediments affecting states' international responsibilities. Recognizing the legal personality of international organizations enables them to have rights and responsibilities, thereby allowing for accountability for illegal actions committed by their employees or organs.   Conclusion: In conclusion, this study underscores the importance of recognizing the legal personality of international organizations and elucidates the conditions under which they may be held responsible for their actions. By providing a comprehensive analysis of the legal framework governing the accountability of international organizations, this research contributes to a better understanding of their role in the international legal system. Moving forward, it is essential to ensure effective mechanisms for holding international organizations accountable for their actions, thereby promoting accountability, transparency, and adherence to international law in the conduct of international affairs.
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