THE ANALYSIS OF MEMBER STATE RESPONSIBILITY TOWARD WRONGFUL ACT OF INTERNATIONAL ORGANIZATION

In this article, it is argued that Members States do not normally incur liability for damages caused by the acts of international organizations of which they are members. Member State liability can only be found in icases in which some intervening state conduct in functions of organization can be established, as is laid down ini Part 5 of the Draft Articles on the Responsibility of International Organizations, drawn up by the by the International Law Commission ini2009. A strict interpretation of the principle that the organizational functions should be respected may prevent Member State intervention inithe affairs of the organization.