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International Law Forum: Yi Xianhe - Member States Responsibility and Draft Terms of Responsibility of International Law Commission International Organizations
发布者: 发布时间:2018-10-18 16:50阅读:

On October 17, the academic salon of the Institute of International Law of Wuhan University was held in the 323 classroom as scheduled. The first salon of this semester was given by Professor Yi Xianhe, Chief Expert of the Institute of International Law of Wuhan University, the Distinguished Professor of the Yangtze River Scholar of the Ministry of Education, the academician of the Institute of International Law. The theme was “Member States Responsibility and Draft Terms of Responsibility of International Law Commission International Organizations”.

 

Professor Yi Xianhe first briefly introduced the reasons and significance of his research on choosing this difficult problem in international law. In March 1999, NATO bombed the Federal Republic of Yugoslavia and the subsequent proceedings of the former Yugoslavia and NATO member states in the International Court of Justice arouse his thinking. After commemorating the collection of his late two mentors, Mr.Shacht and Mr.Brownlie, Professor Yi chose the same subject for research.

 

Subsequently, Professor Yi detailedly analyzed the types of responsibility of international organizations in combination with the "Responsibility of International Organizations" (draft) adopted by the International Law Commission in 2011, the previous reports of the Special Rapporteur Gaya, and the relevant research results of the Institute of International Law, and the general principles of the company law. He combined the well-known cases such as the Nauru case, the lotus case, the United Nations compensation case and the relevant outer space law treaty to specifically analyze the type of responsibility and responsibility of the member states (independent responsibility or joint responsibility).

 

Professor Yi Xianhe analyzed in detail Responsibilities of International Organizations (Draft) of the International Law Commission in 2011 from four aspects: “independent personality”, “lack of special rules”, “general legal principles” and policies, and proposed his latest thinking and comments on the draft. He said that he will continue to pay attention to the follow-up progress of the topic.

 

In the questioning session, Professor Zeng Lingliang, Director of the Institute of International Law at Wuhan University and the Distinguished Professor of the Yangtze River Scholars of the Ministry of Education, spoke highly of Professor Yi’s report. Some teachers of the Institute of International Law discussed about the sharing of responsibility of international organizations and the comparison of the 2011 International Organization Responsibility (Draft) and the 2001 National Responsibility Clause (Draft) with Professor Yi

 

The academic salon was hosted by Professor He Qisheng, Deputy Director of the Institute of International Law of Wuhan University. The teachers of the Institute of International Law and some doctoral and postgraduate students participated in the salon.