The responsibility of member States in connection with acts of... (2011) Open access

Titel The responsibility of member States in connection with acts of international organizations: assessing the recent case law of the European Court of Human Rights
Gepubliceerd in International and comparative law quarterly, Vol. 60, No. 4, p.997-.
Auteur Ryngaert, C.M.J.
Datum 2011
Trefwoord(en) International
Taal Engels
Type Artikel
Uitgever British Institute of International and Comparative Law
Samenvatting This article maps the approach of the European Court of Human 6 Rights regarding the responsibility of Member States for the acts of 7 international organizations. It compares this approach with the International 8 Law Commission’s approach in the Draft Articles on the Responsibility of 9 International Organizations. It concludes that the Court’s requirement of State 10 action, coupled with the application of a principle of equivalent rights 11 protection, goes some way to ease concerns over the erosion of the almost 12 hallowed principle that Member States should generally not be held respon- 13 sible for the acts of international organizations. However, the Court’s recent 14 development of a principle pursuant to which Member States could be held 15 responsible in case of a structural lacuna as regards the protection of rights 16 within the organization’s internal dispute-settlement mechanism is reason for 17 some concern, as it appears to negate the separate legal personality of the 18 organization.
Persistent Identifier URN:NBN:NL:UI:10-1874-241947
Metadata XML
Repository Universiteit Utrecht

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