On The Division Of Responsibilities Between International Organizations And Member States

As the development of the international organization,the international organizations play a more and more important role in the international area.On the one hand,international organizations participate in the international affairs actively,and give an active influence on it,on the other hand,there are some new problems in this area.Especially in the area concerns about the international responsibility of international organizations,and also,how to distinguish the responsibility between the organization and its member states needs to be further discussed,otherwise,it may cause some difficulties both theoretically and practically.In the existing cases,there are several situations about the difficulties which are caused by the unclear standards that distinguish the responsibility between the international organization and its member states,inter alias,international organizations and its member states may pass the buck to each other,or it is hard to make sure that who ought to take responsibility,and also may strike the protection of human rights.There is no doubt that all of these difficulties go against the development of international law,and also they are unstable factors to the international society.Especially under the background that the degree of the international affairs which the international organizations participate to become deeper and deeper,this kind of problem also become more and more important.Therefore,this article tries to discuss the distinction of the responsibility between international organization and its member states,and to analyze the current rules,also,this article concentrates on finding the disadvantages of the current rules,and tries to find solutions.This article bases on a large amount of authoritative materials which include the documents and reports of the UN General Assembly,Security Council,International Law Commission,the judgments and awards which were made by the International Court of Justice,Permanent Court of International Justice,European Court of Human Rights,International Criminal Court,International Chamber of Commerce and some other international judicial and arbitral institutions,the judgments which were made by UK,Swiss and some other countries’ courts,and also the compositions which weremade by scholars and professors.This article will discuss the distinctions between the international organizations and its member states according to the comparations and analysis between the materials above.From the above process of argumentation,it is obviously that in the problems which concern the distinction of the responsibility between international organization and its member states,the international organization should take responsibility exclusively in general,but in some special situations,the member states should be responsible for the international responsibility.Whereas,there are some disadvantages in the current theory,it may cause following problems.First,international organizations and its member states may pass the buck to each other.Second,it is hard to make sure that who ought to take responsibility.Third,it may strike the protection of human rights.To solve these problems,this article tries to put forward two solutions which are going to be demonstrated during this article,one is to interpret and detail the current contents of international law,the other is to reduce the limitations of the member states to be responsible for the international responsibilities.