BUSCEMI, MARTINA
La riparazione per violazioni di diritti umani derivanti da attività delle Nazioni Unite [Tesi di dottorato]
Università degli Studi di Milano, 2017-04-26

Many International Organizations (hereinafter IOs) have grown to be powerful entities whose acts and activities are capable of impinging – and often do so – on individuals. This holds true with respect to unlawful actions committed by UN peacekeepers, as well as to targeted sanctions imposed by UN Sanctions Committees. These violations – which are steadily increasing – raise several questions under international public law. The present research investigates the mise en œuvre of the several international legal regimes of responsibility triggered by the unlawful acts and assesses the reparation provided thereby. To that end, the study follows two main directions: the first part provides the applicable legal framework, while the second one is fully dedicated to the relevant practice. The First Chapter underlines the content and scope of the secondary rules on IOs’ responsibility, as dealt with in the Draft Articles adopted by the International Law Commission in 2011 (Chapter 1, section I), to then focus on the norm related to reparation and its strong interconnection with the primary norm recognizing the right of access to justice and the right to an effective remedy (Chapter 1, section II). The Second Chapter deals with the disputes between States and IOs and the reparation achievable thereby. The attempt here is to identify some actions taken by States, on the behalf of individuals, aimed at implementing the responsibility of United Nations (Chapter 2, section I). It follows a critical analysis of the relevant practice with a view of underlining a new trend that has been emerging in the field of diplomatic protection (Chapter 2, section II). The Third and last Chapter explores the reparation awarded to victims who file a claim against States for conducts connected with acts of IOs before the treaty-based human rights mechanisms, such as the European Court of Human Rights (ECtHR). The analysis begins with a fully comprehensive systematization of the large number of decisions where the ECtHR has dealt with the responsibility of contracting States in connection with acts of IOs (Chapter 3, section I). The last part of the Chapter endeavours to find solutions de iure condendo for the limits of the extant situation. Accordingly, new hypothesis of State responsibility are tentatively outlined (Chapter 3, section II).

diritti: info:eu-repo/semantics/openAccess
In relazione con info:eu-repo/semantics/altIdentifier/hdl/2434/490851
BOSCHIERO, NERINA
tutor: N. Boschiero ; coordinatore del corso: D. U. Galetta
GALETTA, DIANA URANIA
Settore IUS/13 - - Diritto Internazionale


Tesi di dottorato. | Lingua: Italiano. | Paese: | BID: TD18002834