Seyed Mahdi Razavi; Mojtaba Babaee; Mahdi Hatami; Ali Tavakoli Tabasi
Abstract
The principle of specialty of international organizations requires that rights
and obligations of each organization is a function of the scope of the powers
entrusted to it by the members. This principle can play an effective role in the
legal regime of this kind of subjects of international Law, ...
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The principle of specialty of international organizations requires that rights
and obligations of each organization is a function of the scope of the powers
entrusted to it by the members. This principle can play an effective role in the
legal regime of this kind of subjects of international Law, including international
responsibility. The draft articles on the responsibility of international
organizations adopted by international law commission in 2011 has taken into
account this principle in the certain manner so that it implies a median
approach. The commission while accepting the importance of this principle in
the law of international organizations, refused to accept it as a basis for the
provisions relating to the responsibility of international organizations, but in
other ways mainly by relying on the rule of Lex specialis has tried to make it
operational. This rule, that involves the superiority of specific law to general
law, has been declared in article 64 of draft articles on the responsibility of
international organizations and considered as a field for observance of specific
legal conditions of international organizations in dealing with the general rules
of international responsibility. This article, with the aim of explaining of the
position of specialty of international organizations in regulations of their
international responsibility, has examined the specific approach of the
international law commission on this issue
