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Comments on the ILC’s Draft Articles on the Responsibility of International Organizations

Comments on the ILC’s Draft Articles on the Responsibility of International Organizations The Draft Articles on the Responsibility of International Organizations (DARIO) formulated by the ILC, with Professor (now Judge) G. Gaja as its rapporteur, are welcome. The work done is to be commended. The parallelism established between the provisions of the DARIO and the ILC Articles on the International Responsibility of a State is acceptable and correct. The reason for this is that much of what applies to a State, in regard to responsibility, could easily apply to a collection of States, even though the collection has its own international personality. In any case why make a difference unless the characteristics of international organizations require a difference to be made? There are also in the DARIO provisions which are applicable particularly to international organizations. While the DARIO is on the whole a complete and useful document, there are a few matters on which comment may be offered. These matters (which will be discussed here) relate to international organizations as such in relation to international responsibility. At the outset it may be said that it is correct to accept as basic that there are some distinct similarities between the law of state responsibility in general and the law relating to http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Organizations Law Review Brill

Comments on the ILC’s Draft Articles on the Responsibility of International Organizations

Amerasinghe, C.F.
International Organizations Law Review , Volume 9 (1): 29 – Jan 1, 2012
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Publisher
Brill
Copyright
© 2012 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1572-3739
eISSN
1572-3747
DOI
10.1163/15723747-00901002
Publisher site
See Article on Publisher Site

Abstract

The Draft Articles on the Responsibility of International Organizations (DARIO) formulated by the ILC, with Professor (now Judge) G. Gaja as its rapporteur, are welcome. The work done is to be commended. The parallelism established between the provisions of the DARIO and the ILC Articles on the International Responsibility of a State is acceptable and correct. The reason for this is that much of what applies to a State, in regard to responsibility, could easily apply to a collection of States, even though the collection has its own international personality. In any case why make a difference unless the characteristics of international organizations require a difference to be made? There are also in the DARIO provisions which are applicable particularly to international organizations. While the DARIO is on the whole a complete and useful document, there are a few matters on which comment may be offered. These matters (which will be discussed here) relate to international organizations as such in relation to international responsibility. At the outset it may be said that it is correct to accept as basic that there are some distinct similarities between the law of state responsibility in general and the law relating to

Journal

International Organizations Law Review – Brill

Published: Jan 1, 2012

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