Abstract
To date, international organizations have remained largely silent about their obligations under customary international law. This chapter urges international organizations to change course, and to expressly acknowledge customary international law obligations to provide effective remedies. Notably, international organizations’ obligations to afford effective remedies need not precisely mirror States’ obligations to do so. Instead, international organizations may be governed by particular customary international law rules. By publicly acknowledging obligations to afford effective remedies, international organizations can influence the development of such particular rules. In addition, by acknowledging obligations to afford effective remedies — and by actually providing effective remedies — international organizations can rebut arguments that they are above the law, and can help to retain support for their immunities.
Disciplines
International Law | Law and Economics | Public Law and Legal Theory
Date of this Version
2-1-2020
Working Paper Citation
Daugirdas, Kristina and Schuricht, Sachi, "Breaking the Silence: Why International Organizations Should Acknowledge Customary International Law Obligations to Provide Effective Remedies" (2020). Law & Economics Working Papers. 166.
https://repository.law.umich.edu/law_econ_current/166
Included in
International Law Commons, Law and Economics Commons, Public Law and Legal Theory Commons
Comments
Forthcoming, AIIB Yearbook of International Law ___ (2020)
The final version of this work can be found as Daugirdas, Kristina. "Breaking the Silence: Why International Organizations Should Acknowledge Customary International Law Obligations to Provide Effective Remedies." Sachi Schuricht, co-author. AIIB Y. B. Int'l L. (2020): 54-87. DOI: https://doi.org/10.1163/9789004441033_004 and in the repository.