An Uneasy Transition? Linkages between the Law of State Responsibility and the Law Governing the Responsibility of International Organizations

Abstract

This chapter highlights a few of the problems stemming from the International Law Commission’s adoption of the Articles on Responsibility of International Organizations (‘ARIO’), as largely influenced by the Commission’s adoption of the Articles on the Responsibility of States for Internationally Wrongful Acts (‘ARSIWA’) a decade earlier. In so doing, Part I offers some general reflections on the shift in international law towards greater accountability of international organizations. Part II explores the pitfalls of one-size-fits-all approaches and the Commission’s reliance on the ARSIWA in developing its new text. Part III investigates more practical problems in applying the Commission’s ARIO. Part IV concludes.

Keywords: responsibility of international organizations, State responsibility, United Nations, codification, International Law Commission, attribution

JEL Classification: K33, K10, K19, K39, K42, K49