Allocating International Responsibility Between Member States and International Organisations

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 of the LLM in public international law at the University of Athens and a Fellow at the Athens Public International Law Centre.

• 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 IMEMBER STATE-INTERNATIONAL ORGANISATION INTERACTION ON THE BASIS OF THE PARTICULAR MEMBERSTATE-INTERNATIONAL ORGANISATION RELATIONSHIP3. 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 IIMEMBER STATE-INTERNATIONAL ORGANISATION INTERACTION AS INDEPENDENT SUBJECTSOF INTERNATIONAL LAW4. 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 IIIINTERACTIONS INTERTWINED7. 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