Note: dissertation is under embargo.Following the establishment of the United Nations, states have increasingly conferred powers on international organisations, thus raising the significance of... Show moreNote: dissertation is under embargo.Following the establishment of the United Nations, states have increasingly conferred powers on international organisations, thus raising the significance of such organisations in international affairs.Private parties are increasingly impacted by the actions of international organisations. This underscores the need for a proper understanding of the accountability of such organisations and, more specifically, their responsibility in a legal sense. This dissertation concerns the liability of international organisations towards private parties (excluding the personnel of the organisation).As a rule, when an international organisation is sued before a domestic court, the former can claim immunity from jurisdiction. Accordingly, the dispute cannot be adjudicated by such a court. That is essential to safeguard the independence of international organisations.At the same time, international organisations often are under a treaty obligation to provide alternative remedies for the settlement of disputes of a ‘private law character’. It is submitted that in discharging that obligation, organisations should adopt a systematic approach in conformity with the rule of law. That is needed both to bolster the jurisdictional immunity of such organisations and to increase their legitimacy. The dissertation sets forth proposals based on such an approach. In doing so, the ultimate purpose of the study is to contribute to enhancing the effectiveness of international organisations. Show less
Under customary law as well as the amendments to the Rome Statute of the International Criminal Court adopted in the Review Conference in Kampala in 2010, an act of aggression by a State is a part... Show moreUnder customary law as well as the amendments to the Rome Statute of the International Criminal Court adopted in the Review Conference in Kampala in 2010, an act of aggression by a State is a part of the definition of the crime of aggression. This definition clearly encompasses two separate wrongful conducts by different actors. It is less clear how international responsibility arises for both the aggressor state and the individual, and why responsibility for the latter can be predicated only upon the former. This dissertation analyses the way in which aggression is attributed to the aggressor State and the individual, and how State and individual responsibility is delineated from each other, with a particular focus on the legal interest of the aggressed State. First, the argument considers the way in which international law prohibits and criminalizes aggression, elaborating international obligations of States and individuals in that regard (Part I). It then analyses the interconnection between obligations of States to refrain from an act of aggression and obligations of individuals to refrain from conduct relating to the crime of aggression (Part II). Finally, the enforcement against the crime of aggression in the ICC and domestic courts is explored (Part III). Show less
