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
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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