Allocating International Responsibility Between Member States and International Organisations

CONTENIDO

1. Introduction
I. Introduction
II. Interaction Between International Organisation and Member States
III. A Description of the Problem
IV. Addressing the Problem
2. The Function and Nature of International Responsibility
I. Introduction
II. Function of International Responsibility: ‘No Responsibility, No Law’
III. International Responsibility and the Subjects of International Law
IV. Nature of International Responsibility
V. Conclusion

PART I
MEMBER STATE-INTERNATIONAL ORGANISATION INTERACTION ON THE BASIS OF THE PARTICULAR MEMBER
STATE-INTERNATIONAL ORGANISATION RELATIONSHIP
3. Reassessing the Particular Member State-International Organisation Relationship
I. Introduction
II. Relationship from an Inside-out Perspective: States in an Organisational Setting
III. Relationship from an Outside-in Perspective: Ramifications of the International Organisation’s Legal Personality
IV. Exceptions to the ‘Exclusive International Organisation Responsibility’ Rule
V. Conclusion

PART II
MEMBER STATE-INTERNATIONAL ORGANISATION INTERACTION AS INDEPENDENT SUBJECTS
OF INTERNATIONAL LAW
4. The Applicable Responsibility Models
I. Introduction
II. Direct Responsibility: Responsibility in Connection with Own Conduct
III. Indirect Responsibility: Responsibility in Connection with the Conduct of Another
IV. Conclusion
5. Circumvention of Obligations through Member States
I. Introduction
II. ARIO, Article 17(1) and the Derivative Responsibility Model
III. ARIO, Article 17(2) and the Complicity Model
IV. Conclusion
6. Circumvention of Obligations through the International Organisation
I. Introduction
II. A Legal Analysis of ARIO, Article 61
III. ECtHR Case Law and Article 61: A Relationship Lost in Causation
IV. Conclusion

PART III
INTERACTIONS INTERTWINED
7. Responsibility at the Decision-making Level
I. Introduction
II. Control from Within/Derivative Responsibility
III. ARIO, Article 58(2): Aid or Assistance
IV. Conclusion
8. Concluding Remarks

AUTOR

Nikolaos Voulgaris

Nikolaos Voulgaris is a lecturer at the European Law and Governance School and Head of the Treaty Division of the European Public Law Organization. He is also a teaching assistant at the LLM in public international law at the University of Athens and a Fellow at the Athens Public International Law Centre. He completed his doctoral studies at King’s College London in February 2016. During his PhD he taught public international law at King’s and worked as a research assistant for the Freedom Rights Project. He holds an LLB and an LLM from the University of Athens (rank: shared 1st) and an LLM from King’s College London (awarded with distinction). For his doctoral studies he was awarded the King’s University of London Studentship and the Levendis Foundation Scholarship. For his first LLM dissertation he was awarded the Oikonomides prize, a biennial prize for the best dissertation written by a Greek citizen.