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
Mahdi Hatami; Hassan Babaei
Volume 16, Issue 44 , February 2015, , Pages 9-33
Abstract
Nowadays aquifers are regarded as the world’s main drinking water supply. Such prominence has led states to resort to aquifers as a major source of water supply . Among serious challenges faced by states in regards with transboundary aquifers are the legal regime governing the issue of sovereignty, ...
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Nowadays aquifers are regarded as the world’s main drinking water supply. Such prominence has led states to resort to aquifers as a major source of water supply . Among serious challenges faced by states in regards with transboundary aquifers are the legal regime governing the issue of sovereignty, utilization methods, exploitation preocess, and how they are eventually managed. To adress these challenges, International Law Commission (ICL) attempted to produce a set of articles on the legal regime of transboundary aqquifers (draft articles - 2008) which was further presented to U.N |General Assembly. Despite a few shortcomings, 2008 draft articles was an important step towards gradual development and introduction of novel trends regarding aquifers' law. This paper will review the transboundary aquifers draft articles and evaluates arguments for and against them.