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
The thesis deals with the question as to whether international organisations could be jointly responsible for violations of international law committed by peacekeepers deployed in a peacekeeping... Show moreThe thesis deals with the question as to whether international organisations could be jointly responsible for violations of international law committed by peacekeepers deployed in a peacekeeping operation. The study starts by exploring the development of the concept of peacekeeping operations and the relations between the UN and four specific regional organisations (NATO, EU, AU and ECOWAS) on the basis of the applicable dispositions of the UN Charter. This examination as well as the following analysis of relations among these organisations, illustrate the evolution of a division of labour and an increase of cooperation between the UN and these organisations. It justifies the formulation of a presumption that international organisations could be jointly responsible as well as the formulation of a new criterion of attribution (normative control). The case-studies of specific peacekeeping operations confirm that in certain circumstances the UN and regional organisations have to be considered jointly responsible. Show less