Responsibility of International Organizations 'In Connection with Acts of States'

International Organizations Law Review, Forthcoming 2012

Amsterdam Law School Research Paper No. 2012-61

Amsterdam Center for International Law No. 2012-05

20 Pages Posted: 1 Jun 2012 Last revised: 3 Aug 2012

See all articles by Andre Nollkaemper

Andre Nollkaemper

University of Amsterdam - Amsterdam Center for International Law

Nataša Nedeski

University of Amsterdam - Amsterdam Center for International Law

Date Written: May 31, 2012

Abstract

This article discusses 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). Focusing primarily on article 17 ('circumvention'), we argue that the attempt to address this particular type of responsibility has forced the ILC to relax the conceptual straightjackets it had opted for in the ASR, and has exposed ambiguities in the foundations of the law of international responsibility.

Keywords: international responsibility, state responsibility, international organizations, joint liability, attribution

JEL Classification: K33

Suggested Citation

Nollkaemper, Andre and Nedeski, Nataša, Responsibility of International Organizations 'In Connection with Acts of States' (May 31, 2012). International Organizations Law Review, Forthcoming 2012, Amsterdam Law School Research Paper No. 2012-61, Amsterdam Center for International Law No. 2012-05, Available at SSRN: https://ssrn.com/abstract=2071179

Andre Nollkaemper (Contact Author)

University of Amsterdam - Amsterdam Center for International Law ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

HOME PAGE: http://home.medewerker.uva.nl/p.a.nollkaemper/

Nataša Nedeski

University of Amsterdam - Amsterdam Center for International Law ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

HOME PAGE: http://home.medewerker.uva.nl/n.nedeski/

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