Member State responsibility for the acts of international organizations
In this article, it is argued that Member States do not normally incur liability for damages caused by acts of the international organizations of which they are members. Deciding otherwise may endanger the autonomy and separate legal personality of the organization. Member State liability can only b...
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Utrecht University School of Law
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Online Access: | http://www.utrechtlawreview.org/articles/10.18352/ulr.151/ |
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doaj-c0699851c0d94edaa83957f7f310d1272020-11-25T03:55:11ZengUtrecht University School of LawUtrecht Law Review1871-515X2011-01-017113114610.18352/ulr.151146Member State responsibility for the acts of international organizationsCedric Ryngaert0Holly Buchanan1Utrecht University School of LawChapman UniversityIn this article, it is argued that Member States do not normally incur liability for damages caused by acts of the international organizations of which they are members. Deciding otherwise may endanger the autonomy and separate legal personality of the organization. Member State liability can only be found in cases in which some intervening state conduct can be established, as is laid down in Part V of the Draft Articles on the Responsibility of International Organizations, drawn up by the International Law Commission in 2009. A strict interpretation of the principle that the organizational veil should not be pierced may prevent Member State intervention in the affairs of the organization, and thus strengthen the latter's autonomy vis-à-vis its Member States. However, in order to do justice to the legitimate claims of third parties adversely affected by the conduct of the organization, and to rebuff attempts at making Member States liable for such conduct, it is highly desirable that the organization puts in place adequate claims commissions and dispute-settlement mechanisms that are easily accessible to third parties.http://www.utrechtlawreview.org/articles/10.18352/ulr.151/Member State liability / responsibilityinternational organizationsinternationally wrongful actsInternational Law Commission |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Cedric Ryngaert Holly Buchanan |
spellingShingle |
Cedric Ryngaert Holly Buchanan Member State responsibility for the acts of international organizations Utrecht Law Review Member State liability / responsibility international organizations internationally wrongful acts International Law Commission |
author_facet |
Cedric Ryngaert Holly Buchanan |
author_sort |
Cedric Ryngaert |
title |
Member State responsibility for the acts of international organizations |
title_short |
Member State responsibility for the acts of international organizations |
title_full |
Member State responsibility for the acts of international organizations |
title_fullStr |
Member State responsibility for the acts of international organizations |
title_full_unstemmed |
Member State responsibility for the acts of international organizations |
title_sort |
member state responsibility for the acts of international organizations |
publisher |
Utrecht University School of Law |
series |
Utrecht Law Review |
issn |
1871-515X |
publishDate |
2011-01-01 |
description |
In this article, it is argued that Member States do not normally incur liability for damages caused by acts of the international organizations of which they are members. Deciding otherwise may endanger the autonomy and separate legal personality of the organization. Member State liability can only be found in cases in which some intervening state conduct can be established, as is laid down in Part V of the Draft Articles on the Responsibility of International Organizations, drawn up by the International Law Commission in 2009. A strict interpretation of the principle that the organizational veil should not be pierced may prevent Member State intervention in the affairs of the organization, and thus strengthen the latter's autonomy vis-à-vis its Member States. However, in order to do justice to the legitimate claims of third parties adversely affected by the conduct of the organization, and to rebuff attempts at making Member States liable for such conduct, it is highly desirable that the organization puts in place adequate claims commissions and dispute-settlement mechanisms that are easily accessible to third parties. |
topic |
Member State liability / responsibility international organizations internationally wrongful acts International Law Commission |
url |
http://www.utrechtlawreview.org/articles/10.18352/ulr.151/ |
work_keys_str_mv |
AT cedricryngaert memberstateresponsibilityfortheactsofinternationalorganizations AT hollybuchanan memberstateresponsibilityfortheactsofinternationalorganizations |
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