ODPOWIEDZIALNOŚĆ PAŃSTWA CZŁONKOWSKIEGO ZA AKTY ORGANIZACJI MIĘDZYNARODOWEJ
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Date
2006
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Wydział Prawa i Administracji UAM
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LIABILITY OF STATES AS MEMBERS OF INTERNATIONAL ORGANISATIONS FOR THE ACTIONS OF THOSE ORGANISATIONS
Abstract
The international liability of international organisations is a relatively recent issue, which
has arisen mainly out of the growing activity of organisations, especially in situations which involve
violent acts that result in a breach of law.
The issue of international liability is currently being codified by the UN International Law
Commission and it can be predicted that the traditional position which excluded State liability for
acts of international organisations will be difficult to uphold. The principles of international liability
of government organisations are similar to those of State liability (with two premises still valid,
i.e. the infringement of an international obligation and a possibility of assigning liability for such
an infringement to an international organisation). Statutes of organisations relatively seldom refer
to delictual responsibility of organisations, and when it comes to State liability, there is no uniform doctrine on that. It seems though, that an operational test administered to check, or control
those who violate the law will be decisive here. Judicial decisions of international courts, and in
particular the decisions of the ECHR in complaints regarding the responsibility of the EU and
NATO member states, have tended to exclude State liability. Therefore, the pending decision of the
International Court of Justice in the dispute currently before the Court brought in by Yugoslavia
against NATO member states for using force against the Federal Republic of Yugoslavia, may turn
out of key significance.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 68, 2006, z. 2, s. 105-118.