{"title":"欧盟安全任务行为的多重归因","authors":"E. Carli","doi":"10.1163/15723747-18010002","DOIUrl":null,"url":null,"abstract":"\nThe paper explores the question of multiple attribution of conduct in the framework of EU security missions. Considering the lack of special rules of the EU on attribution of conduct in the course of Common Security and Defence Policy missions, normative references can be found in the 2011 Articles on the Responsibility of International Organizations, in particular Article 7 establishing the concept of effective control exercised by the organization over the conduct, as well as in the 2001 Articles on the Responsibility of States, with regard to participating states and conduct of their organs. Several circumstances can be assumed where multiple attribution of conduct applies in such a scenario. This in turn would guarantee a higher degree of accountability and legal certainty, but it is first necessary for jurisprudence to move more decisively in this direction.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":" ","pages":""},"PeriodicalIF":0.6000,"publicationDate":"2021-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Multiple Attribution of Conduct in EU Security Missions\",\"authors\":\"E. Carli\",\"doi\":\"10.1163/15723747-18010002\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nThe paper explores the question of multiple attribution of conduct in the framework of EU security missions. Considering the lack of special rules of the EU on attribution of conduct in the course of Common Security and Defence Policy missions, normative references can be found in the 2011 Articles on the Responsibility of International Organizations, in particular Article 7 establishing the concept of effective control exercised by the organization over the conduct, as well as in the 2001 Articles on the Responsibility of States, with regard to participating states and conduct of their organs. Several circumstances can be assumed where multiple attribution of conduct applies in such a scenario. This in turn would guarantee a higher degree of accountability and legal certainty, but it is first necessary for jurisprudence to move more decisively in this direction.\",\"PeriodicalId\":42966,\"journal\":{\"name\":\"International Organizations Law Review\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2021-07-07\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Organizations Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15723747-18010002\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Organizations Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15723747-18010002","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
Multiple Attribution of Conduct in EU Security Missions
The paper explores the question of multiple attribution of conduct in the framework of EU security missions. Considering the lack of special rules of the EU on attribution of conduct in the course of Common Security and Defence Policy missions, normative references can be found in the 2011 Articles on the Responsibility of International Organizations, in particular Article 7 establishing the concept of effective control exercised by the organization over the conduct, as well as in the 2001 Articles on the Responsibility of States, with regard to participating states and conduct of their organs. Several circumstances can be assumed where multiple attribution of conduct applies in such a scenario. This in turn would guarantee a higher degree of accountability and legal certainty, but it is first necessary for jurisprudence to move more decisively in this direction.
期刊介绍:
After the Second World War in particular, the law of international organizations developed as a discipline within public international law. Separate, but not separable. The International Organizations Law Review purports to function as a discussion forum for academics and practitioners active in the field of the law of international organizations. It is based on two pillars; one is based in the world of scholarship, the other in the world of practice. In the first dimension, the Journal focuses on general developments in international institutional law.