Special Agreement Problems

In short, it all depends on the effectiveness of international humanitarian law. This approach allows us to substantially change the way we call special agreements and to make them look like international legislation established by different stakeholders (governments or AOG) as part of an ongoing legal decision-making process. This would avoid the theoretical problem of the legal status of AOG, as it is no longer necessary for issues of subjectivity. Finally, we can think about specific agreements with regard to the international rights and obligations they have created, without having to label them as one of the classic sources of international law. Thank you so much for this very interesting article. There may indeed be an additional possibility of understanding the legal status of such agreements, by their interpretation as unilateral declarations under conditions. In other words, the state has stated that it is required to act (or abstain) in one way or another, provided that the non-state actor meets certain requirements. Such a proposal was proposed within the framework of the Oslo Accords and provided a solution to the difficult question of whether the PLO was an international subject capable of concluding contracts (see: Robbie Sabel, Book Review, 95 AJIL 248, 250-51 (2001)). This does not mean, however, that the ILC project cannot be used as a guide to answer the question of the responsibility of international organizations where appropriate. Indeed, the Commission on International Law is currently preparing a new project on the responsibility of international organisations, which uses the ILC project on the responsibility of the State as such. As Gaja, Special Rapporteur of the Commission on International Law, points out in its second and third reports on the responsibility of international organisations, the Commission is not seeking to establish a new system of rules governing the accountability of international organisations. On the contrary, it examines the ILC`s project on state responsibility in order to analyze where its provisions relating to a project on the responsibility of international organizations can be adopted.48 This approach only makes sense: the ILC`s project on public responsibility is a codification based on the principles of the international customary law of state responsibility. These usual rules were, of course, developed by states and not by (younger) international organizations.