Responsibility of International Organizations ‘in connection with acts of States’
In: International Organizations Law ReviewSearch for other papers by Nataša Nedeski in
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Search for other papers by André Nollkaemper in
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This article offers some reflections on the way in which the ILC Articles on the Responsibility of International Organizations (ARIO) have addressed the responsibility of international organizations for conduct of member States implementing their normative acts. The ILC has chosen to deal with this issue through the concept of responsibility ‘in connection with’ acts of States, which it had already included in its Articles on State Responsibility (ASR), and more in particular through article 17 on ‘circumvention’. Focusing primarily on this provision, we argue that the attempt to address this particular type of responsibility forced the ILC to relax the conceptual straightjackets it had opted for in the ASR, thereby exposing certain ambiguities in the foundations of the law of international responsibility.
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7)
Horton Rogers, supra note 6, p. 63. See, e.g., article 6: 102 of the Principles of European Tort Law in: European Group on Tort Law, Principles of European Tort Law: Text and Commentary (Vienna/New York, Springer, 2005) (“A person is liable for damage caused by his auxiliaries acting within the scope of their functions provided that they violated the required standard of conduct.”).
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35)
ARIO with commentaries, supra note 23, p. 4, para. 4.
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42)
ARIO with commentaries, supra note 23, p. 41, para. 5.
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44)
ARIO with commentaries, supra note 23, p. 35 para. 2. Though the commentaries refer explicitly only to those situations of responsibility ‘in connection with’ acts of others already covered by the ASR, this reference to causation in the general commentaries seem to imply that this goes for all provisions in Chapter IV.
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46)
ARIO with commentaries, supra note 23, p. 23, para. 5.
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52)
ARIO with commentaries, supra note 23, p. 41, para. 5 (emphasis added).
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55)
ARIO with commentaries, supra note 23, p. 41, para. 4.
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60)
ARIO with commentaries, supra note 23 p. 76, para. 1.
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Responsibility of International Organizations ‘in connection with acts of States’
In: International Organizations Law ReviewSearch for other papers by Nataša Nedeski in
Current site
Google Scholar
PubMed
Search for other papers by André Nollkaemper in
Current site
Google Scholar
PubMed
This article offers some reflections on the way in which the ILC Articles on the Responsibility of International Organizations (ARIO) have addressed the responsibility of international organizations for conduct of member States implementing their normative acts. The ILC has chosen to deal with this issue through the concept of responsibility ‘in connection with’ acts of States, which it had already included in its Articles on State Responsibility (ASR), and more in particular through article 17 on ‘circumvention’. Focusing primarily on this provision, we argue that the attempt to address this particular type of responsibility forced the ILC to relax the conceptual straightjackets it had opted for in the ASR, thereby exposing certain ambiguities in the foundations of the law of international responsibility.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1404 | 191 | 107 |
| Full Text Views | 744 | 54 | 30 |
| PDF Views & Downloads | 1223 | 139 | 80 |