KNAW

Publicatie

Member State Responsibility for the Acts of International Organizations (2011) Open access

Pagina-navigatie:
Titel Member State Responsibility for the Acts of International Organizations
Gepubliceerd in Utrecht Law Review, Vol. 7, p.131-. ISSN 1871-515x.
Auteur Ryngaert, C.M.J.; Buchanan, H.
Datum 2011
Trefwoord(en) International
Taal Engels
Type Artikel
Uitgever Igitur
Samenvatting 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.
Publicatie http://dspace.library.uu.nl/handle/1874/197268
Persistent Identifier URN:NBN:NL:UI:10-1-101165
Metadata XML
Repository Universiteit Utrecht

Omhoog
Ga terug naar de inhoud
Ga terug naar de site navigatie