Abstract
This article maps the approach of the European Court of Human
Rights regarding the responsibility of Member States for the acts of
international organizations. It compares this approach with the International
Law Commission’s approach in the Draft Articles on the Responsibility of
International Organizations. It concludes that the Court’s requirement of State
action, coupled with the application of a principle of equivalent rights
protection, goes some way to ease concerns over the erosion of the almost
hallowed principle that Member States should generally not be held respon-
sible for the acts of international organizations. However, the Court’s recent
development of a principle pursuant to which Member States could be held responsible in case of a structural lacuna as regards the protection of rights
within the organization’s internal dispute-settlement mechanism is reason for
some concern, as it appears to negate the separate legal personality of the
organization.
Rights regarding the responsibility of Member States for the acts of
international organizations. It compares this approach with the International
Law Commission’s approach in the Draft Articles on the Responsibility of
International Organizations. It concludes that the Court’s requirement of State
action, coupled with the application of a principle of equivalent rights
protection, goes some way to ease concerns over the erosion of the almost
hallowed principle that Member States should generally not be held respon-
sible for the acts of international organizations. However, the Court’s recent
development of a principle pursuant to which Member States could be held responsible in case of a structural lacuna as regards the protection of rights
within the organization’s internal dispute-settlement mechanism is reason for
some concern, as it appears to negate the separate legal personality of the
organization.
Original language | English |
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Pages (from-to) | 997-1016 |
Number of pages | 20 |
Journal | International and comparative law quarterly |
Volume | 60 |
Issue number | 4 |
DOIs | |
Publication status | Published - 2011 |