International Organizations and Member State Responsibility: Critical Perspectives is the first international public law book entirely devoted to the topic of member state responsibility. Throughout its ten contributions, it takes stock of the legal developments brought about by the International Law Commission’s work on international responsibility, and critically unveils the major remaining conceptual gaps in the field.
The novel approaches offered in the book serve as a repository of the various understandings within academia and legal practice that reflect the evolution of the contemporary law of international (member state) responsibility.
Contributors: Ana Sofia Barros, Cedric Ryngaert, Jan Wouters, Antonios Tzanakopoulos, Catherine Brölmann, Esa Paasivirta, Francesco Messineo, Ige Dekker, Jean d’Aspremont, Niels Blokker, Paolo Palchetti, Ramses Wessel, Tom Dannenbaum
This Volume was previously published as International Organizations Law Review Vol. 12, issue 2 (2015).
About the Author
Ana Sofia Barros is a lawyer and Ph.D. Researcher at the University of Leuven. She has published a monograph and various articles in the fields of international human rights law, international organizations law and development.
Cedric Ryngaert, PhD (2007), Leuven University, is Professor of Public International Law at Utrecht University. He has published widely on jurisdiction, immunities, international organizations law, and non-state actors. He is the author of, among other monographs, Jurisdiction in International Law (OUP 2015)
Jan Wouters, Ph.D. (1996), KU Leuven, is Full Professor of International Law and International Organizations, Jean Monnet Chair and Director, Leuven Centre for Global Governance Studies – Institute for International Law. He publishes on international and EU law and global governance.
Table of Contents
Notes on Contributors viii
1 Member States, International Organizations and International Responsibility: Exploring a Legal Triangle Ana Sofia Barros Cedric Ryngaert Jan Wouters 1
2 Identities of States in International Organizations Ramses A. Wessel Ige F. Dekker 8
3 Member State Responsibility for Wrongdoings of International Organizations: Beacon of Hope or Delusion? Niels Blokker 34
4 Member States and the international Legal (Dis)order Accounting for the Notion of Responsible Governance Ana Sofia Barros 48
5 Member States and International Legal Responsibility Developments of the Institutional Veil Catherine Brölmann 72
6 International Responsibility and the Constitution of Power International Organizations Bolstered Jean d'Aspremont 95
7 Dual Attribution in the Context of Military Operations Tom Dannenbaum 114
8 Sharing Responsibility for UN Targeted Sanctions Antonios Tzanakopoulos 139
9 The Responsibility of Member States of International Organizations A Special Case for the European Union? Esa Paasivirta 159
10 Litigating Member State Responsibility: The Monetary Gold Principle and the Protection of Absent Organizations Paolo Palchetti 178
11 The Invocation of Member State Responsibility before National and International Courts: Rekindling Old Utopias Francesco Messineo 193
13 The Responsibility of Member States of International Organizations Concluding Observations Cedric Ryngaert 210