Schermers' Dilemma

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Klabbers , J 2020 , ' Schermers' Dilemma ' , European Journal of International Law , vol. 31 , no. 2 , pp. 565-582 .

Title: Schermers' Dilemma
Author: Klabbers, Jan
Other contributor: University of Helsinki, Faculty of Law
Date: 2020-09
Language: eng
Number of pages: 18
Belongs to series: European Journal of International Law
ISSN: 0938-5428
Abstract: This article, part of the symposium on ‘theorizing international organizations law’, discusses the work (and a little of the life and in uence) of Henry G. (Hein) Schermers, arguably the leading functionalist international organizations lawyer of the post-war era. The article discusses how Schermers’ work solidi ed and consolidated functionalism and unwittingly laid bare its ‘Achilles heel’. Confronted with the growing popularity of human rights and keenly devoted to human rights, Schermers faced a dilemma when the possible responsibility of international organizations for human rights violations came up – a dilemma his function- alism was unable to solve. Therewith, zooming in on Schermers’ handling of the dilemma con rms that functionalist international organizations law is unable to address the respon- sibility of international organizations towards third parties. International organizations law will need to nd different theoretical resources in order to come to terms with responsibility.
Subject: 513 Law
international relations

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