Title:
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The responsibility of member states for the violation of international obligations by international organisations
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In this thesis, I analyse the question of the responsibility of member states of
international organisations for the violation of international obligations binding their
organisation vis-it-vis non-member states either on the basis of general international or
in an international agreement concluded by that organisation. For this purpose, I
analyse, first of all, the relationship between international organisations and
international law, and the conditions of their international responsibility in case of a
violation these obligations. Then, I examine the current situation regarding international
remedies, which can be invoked by third parties injured by such a violation. The
analysis, in this regard, shows us the problems faced by third parties in this process.
On the basis of the observations in the fonner chapters, the analysis then turns to
the question of the possibility of holding member states of an international organisation
responsible for the violation of international obligations by their organisation. In this
respect, an examination of the relevant international treaties, international reports, case
law and opinion of writers, show that it is generally accepted that states cannot absolve
themselves from the consequences of a violation of an international obligation binding
them toward non-member states by transferring certain competences to an organisation.
Thus, they can be held internationally responsible if their organisation fails to fulfil
these obligations in an appropriate manner. As far as the basis of this responsibility is
concerned, I argue that the constituent treaty of an international organization is to be
construed as a forum of member states, in which they express their intention to deal
with certain common interest areas collectively. In other words, member states create
common institutions and confer certain autonomy to them for dealing with the relevant
areas of common interest, thus providing the organisation with competences in those
areas. As a consequence, non-member states deal with member states in those areas via
this institutional structure established by the constituent treaty. However, the constituent
treaty remains as the basis of the relationship between member states and non-member
states, despite the separate international personality of the organisation. Therefore,
alth~ugh non-member states have the duty to respect the functioning of this treaty, they
can In.voke th~ responsibility of member states secondarily if the organisation fails to
fulfil ~ntematronal obligations, binding both the organisation and the member states,
effectIvely and properly within the legal order established by the constituent treaty.
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