Al-Dulimi and Competing Concepts of International Organizations

• Main Author: Lorenzo Gasbarri
• Format: Article
• Language: English
• Published: European Papers (www.europeanpapers.eu) 2016-12-01
• Series: European Papers
• Subjects: international organizations; international responsibility; european court of human rights; equivalent protection; member states; conflict of obligations
• Online Access: https://www.europeanpapers.eu/en/europeanforum/al-dulimi-and-competing-concepts-of-international-organizations

(Series Information) European Papers - A Journal on Law and Integration, 2016 1(3), 1117-1125 | European Forum Insight of 22 December 2016 | (Table of Contents) I. Introduction. - II. Admissibility ratione personae: attribution of conduct. - III. Merits: coexistence or conflict of obligations. - III.1. The Chamber. - III.2. The Grand Chamber. - IV. Conclusions. | (Abstract) This Insight focuses on the two judgments of the European Court of Human Rights in the case Al-Dulimi and Montana Management Inc. v. Switzerland. It discusses the different approaches adopted by the European Court to deal with the responsibility of Member States of international organizations. It contends that the Court based its reasoning on two different concepts of international organization, founded on their original or derived nature. After introducing the theme, section II deals with the attribution of conduct to Member States and international organizations. Section III analyses the merits of the two judgments, distinguishing between the Chamber (III.1) and the Grand Chamber (III.2). In conclusion, section IV proposes a reading of the two judgments considering that the legal systems developed by international organizations are neither purely original or purely derived from international law.