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International Responsibility of Member States for Acts of International Organizations

Ljubo Runjić ; Veleučilište u Šibeniku, Šibenik, Hrvatska


Puni tekst: hrvatski pdf 565 Kb

str. 667-685

preuzimanja: 1.109

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Sažetak

International responsibility of member states for acts of international organizations is one of the most complex, but also the most controversial issues in the field of international responsibility. Overview of the practice shows us that there is still no unified view on this issue. Unlike judicature where in the majority of judgments the existence of state liability for the acts of international organizations has been rejected, state practice shows different approaches and understandings in respect of the existence of member states' liability for acts of international organizations. On the other hand, in international legal doctrine the view prevails that a separate international legal personality of international organizations from the personality of member states results in separate international responsibility of international organizations from the responsibility of the member states. International legal personality of international organizations thus represents a shield which provides member states protection from potential international legal responsibility for acts of international organizations. However, aiming to protect the rights and interests of third parties, some authors advocate the view that the member states are, exclusively due to their membership, concurrently or secondarily liable for internationally wrongful acts committed by international organizations. Nevertheless, acceptance of concurrent and secondary liability of member states, based solely on their membership, would result in interference by member states in the activities of international organizations and would thereby bring into question the autonomy and separate international legal personality of international organizations. Although the International Law Commission has rejected the possibility of concurrent and secondary liability of member states, based solely on their membership, the Commission's Draft Articles on the Responsibility of International Organizations from 2011 anticipated international legal responsibility of member states for internationally wrongful acts committed by international organizations. However, it is necessary to further elaborate certain Articles of the Draft in order to create effective mechanisms through which a real connection between member states and acts committed by international organizations could be determined in practice, as otherwise there is a risk of abuse of international organizations and their international legal personality by member states in order to avoid international legal responsibility.

Ključne riječi

international responsibility and liability, member states, international organizations

Hrčak ID:

128149

URI

https://hrcak.srce.hr/128149

Podaci na drugim jezicima: hrvatski

Posjeta: 1.949 *