Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Member States and International Legal Responsibility

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

Developments of the Institutional Veil

The ‘institutional veil’ of international organizations is the linchpin for legal analysis and appraisal of the role and interrelation of international organizations, member States and organs. Through this lens the article examines in semi-broad strokes the position of international organizations’ member States in the legal framework of international responsibility, with reference to pertinent provisions in the ILC ARIO. This leads to the finding that in (the discourse on) the establishment of responsibility there are four possible legal contexts, which have the institutional veil of the organization work out in different ways: subsidiary responsibility of member States (the proverbial ‘piercing of the corporate veil’); the attribution of conduct to member States; the ‘attribution of responsibility’ to member States; and the bypassing of the institutional veil to establish independent responsibility of member States, which is then connected by a material link to the wrongful act of the organization or to the injurious circumstances originally at issue. While in the context of subsidiary responsibility the institutional veil can be seen as consistently impermeable since the 1980s Tin Council cases, in the context of attribution of conduct the institutional veil of organizations appears to be increasingly contested, engaged with and challenged for transparency.

Affiliations: 1: Associate Professor of International Law, Department of International Law, Amsterdam Center for International Law, University of Amsterdam, C.M.Brolmann@uva.nl

10.1163/15723747-01202005
/content/journals/10.1163/15723747-01202005
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading
Loading

Full text loading...

/content/journals/10.1163/15723747-01202005
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/15723747-01202005
Loading

Article metrics loading...

/content/journals/10.1163/15723747-01202005
2015-04-27
2017-09-24

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    International Organizations Law Review — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation