Chapter

The Responsibility of States Members for the Defaults of International Organizations: Continuing the Dialogue<sup>*</sup>

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0060
The Responsibility of States Members for the Defaults of International Organizations: Continuing the Dialogue*

Show Summary Details

Preview

This chapter discusses the liability of United Nations (UN) member states for the defaults of international organisations. The emerging practice of transferability of employees, between international organisations, and thus also their accrued benefits, attests to the reality of these rights as droits acquis — but does not help in addressing the questions that are relevant to the location of liability. Nor, it may be added, does referring to states members as ‘hiding behind the legal personality’ of the defaulting organisation. The UN has accepted the responsibility for defaults of and injury caused by those in its service, vis-à-vis third parties. However, the recent trends raise interesting questions. These matters became ever more complicated with the proposals for a ‘new complementarity’ between the UN and regional organizations, proposals made in Boutros Boutros Ghali’s Agenda for Peace and first realized in the former Yugoslavia.

Keywords: United Nations; member states; defaults; international organisations; droits acquis; liability; injury; Agenda for Peace; third parties; Yugoslavia

Chapter.  2822 words. 

Subjects: Public International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.