4. International Organizations Are Definitely Not States. Cursory Remarks on the ILC Articles on the Responsibility of International Organizations

Abstract

During the debates on the draft articles, Sir Ian Brownlie harshly noted that the expression 'activity analogous to that of Governments' was 'a beautiful phrase that was completely useless, but was exactly what was needed'. This may well serve as a general comment on the whole draft: paradoxically, the main weaknesses of the Articles could also be seen as their strength. Undoubtedly, Sir Ian Brownlie put his finger on the core issue of the whole topic: when considering the responsibility of international organizations, could the International Law Commission (ILC) take the Articles on State responsibility, adopted in 2001 by the General Assembly, as the starting point for its reflection? The issue had already arisen in similar terms when the Commission had undertaken to study the topic of treaties concluded between States and international organizations or between two or more international organizations. Keywords: International Law Commission (ILC); Sir Ian Brownlie; State responsibility