Chapter

Is the Topic of Responsibility of International Organizations Ripe for Codification? Some Critical Remarks

Gerhard Hafner

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588817.003.0044
Is the Topic of Responsibility of International Organizations Ripe for Codification? Some Critical Remarks

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This short survey of practical and theoretical problems associated with a codification of the topic of responsibility of international organizations (IOs) illustrates that the social basis of responsibility, namely issues of control as well as the legal qualification of the relationships between an IO and its member States and those between IOs and non-member States, are not settled so that the problems resulting therefrom have not yet been resolved. One cannot even exclude an approach that construes the responsibility imposed on IOs only as a channelling of responsibility towards IOs irrespective of the socially responsible actor such as the member State. From such a perspective, the responsibility of IOs would amount to a non-rebuttable legal fiction such as a praesumptio iuris ac de iure.

Keywords: international organizations; codification; responsibility; social basis

Chapter.  11988 words. 

Subjects: Public International Law

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