Applying the Rules of Attribution in Complex Scenarios

The Case of Partnerships among International Organizations

In: International Organizations Law Review
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  • 1 University of Macerata

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One of the difficulties with partnerships among international organizations concerns the problem of determining the subject who must bear responsibility for a harmful conduct, or for having contributed to the harmful conduct of others. By examining a numbers of issues relating to this problem—such as, for instance, whether, and to what extent, the fact that an organization hosts a partnership has an impact on attribution of conduct—this study aims to assess the potential and limits of the current rules of attribution in dealing with the complex scenarios created by partnerships. It is submitted that, while, no doubt, there are areas in which existing international law does not seem to offer sufficient solutions, on the whole the rules of attribution set forth in the ilc’s texts of 2001 and 2011 appear to provide adequate guidance for solving problems arising in connection to the activities of partnerships.

  • 19

    As observed by Talmon, supra note 16, p. 203, “[a]s states can always authorise another state to exercise some of their powers and to act on their behalf, states may also by agreement designate an existing state organ of one of them as their common organ”. On this possibility, see also J. Crawford, ‘Second Report on State Responsibility’, un Doc. A/cn.4/498/Add1 (1999) p. 2.

  • 21

    Opened for signature 14 October 1994, 1954 unts p. 3 (entered into force 26 December 1996).

  • 28

    Clarke, supra note 3, p. 83.

  • 31

    Burci, supra note 26, p. 362; Shihata, supra note 10, p. 113.

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