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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Main Authors: Cedric Ryngaert, Holly Buchanan
Format: Article
Language:English
Published: Utrecht University School of Law 2011-01-01
Series:Utrecht Law Review
Subjects:
Online Access:http://www.utrechtlawreview.org/articles/10.18352/ulr.151/
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spelling 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/
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