Attribution of conduct to an International Organisation: Theory and practice

Abstract

The growing role of international organisations in international relations and their rapid development prompts the creation of a coherent international legal framework that will ensure that these subjects of international law bear full responsibility. Attribution of conduct to an international organisation is a crucial step that precedes attribution of responsibility. The study analysed the Articles on the Responsibility of International Organisations regarding attribution of conduct to an international organisation and the case law on their application with a view to determining whether the application of general rules will be sufficient to attribute conduct to international organisations. An analysis of a series of court decisions on attribution of conduct to international organisations found that judicial institutions are guided by the provisions of the Articles. It was noted that attribution of conduct to international organisations is based on general principles and under agreements between states and an international organisation or between international organisations. It was substantiated that when attributing the conduct of a state body, a body or an agent of an international organisation placed at the disposal of another international organisation, the key criterion should be the exercise of effective operational control and command. It was emphasised that regulation of international responsibility is hardly possible based on general rules, considering the legal nature of international organisations, their specific features and uniqueness. The study proposed to revise the Articles in the light of the practice of their application since 2011, specifically, by judicial institutions, to give them the form of an international legal act and to further expand the practice of using agreements as an additional mechanism for attributing conduct in joint actions or when transferring bodies to another entity. The key provisions of this study will form the basis for further research in this area, the ultimate result of which should be an effective international legal regulation of international responsibility of international organisations in general and attribution of conduct to them, specifically, considering the sui generis nature of international organisations