Member states liability for internationally wrongful acts of international organizations.

States increasingly transfer competences to international organizations, believing that the latter may more effectively tackle transboundary and global problems. A transfer of competences to an international organization a separate legal person may logically be accompanied by a transfer of responsibility to the organization when something goes wrong in the exercise of the transferred competences (e.g., violations of economic and social rights flowing from policies of international financial institutions). Unfortunately, many international organizations have failed to set up adequate accountability mechanisms, let alone that they have provided for binding dispute-settlement systems. In the absence of such mechanisms, international organizations can often only be held responsible in the abstract a situation that does not particularly encourage compliance on the part of international organizations. Because of the accountability deficit which many international organizations suffer, and the importance of aggrieved parties right to a remedy, the argument can be, and has been, made that member States should incur responsibility for the wrongful acts of international organizations. Accountability mechanisms with jurisdiction over States are indeed much more developed, both at the national and international level. It is the aim of this project to identify the precise circumstances, if any, under which States can and should be held liable for the acts of international organizations of which they are members.

Keywords:International institutional law Interna, International law, Member States, Responsibility for internationally wrong, Accountability, International dispute settlement

Disciplines:Law, Other law and legal studies