Member States and the International Legal (Dis)order

Abstract

This article looks into the role of member States as governors of international organizations and explores the legal constraints imposed thereof for the purposes of the establishment of international responsibility. At its foundation lies the quest for an international legal order that effectively protects the interests of those affected by institutional operations. To set the scene for the discussion, the article begins by noting that, in adhering to international organizations, (member) States retain sovereign powers which assume the crucial function of steering their oversight duties over institutional operations. Embracing a constitutionalist paradigm, the article moves on to show how the principles of representativeness and responsiveness inform member State conduct as creators and participants in institutional undertakings. The procedural implications of these principles in institutional contexts are subsequently explored by resorting to due diligence as a standard to evaluate member State behaviour and thereby implement member State responsibility.