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12 ILSA J. Int'l & Comp. L. 395 (2005-2006)
Enhancing Accountability at the International Level: The Tension between International Organizations and Member State Responsibility and the Underlying Issues at Stake

handle is hein.journals/ilsaic12 and id is 405 raw text is: ENHANCING ACCOUNTABILITY AT THE INTERNATIONAL LEVEL: THE TENSION BETWEEN INTERNATIONAL ORGANIZATION AND MEMBER STATE RESPONSIBILITY AND THE UNDERLYING ISSUES AT STAKE Ralph Wilde* I. INTRODUCTION ......................................... 396 II. THE CONVENTIONAL POSITION IN INTERNATIONAL LAW: EXCLUSIVE INTERNATIONAL ORGANIZATION RESPONSIBILITY .... 401 III. THE COMPETING POLITICAL ISSUES AT STAKE AND THE BALANCE STRUCK BETWEEN THEM IN THE RATIONALE FOR THE LEGAL POSITION .............................................. 404 A. Policy Issue 1: The Operation of International Organizations ...................................... 404 B. Policy Issue 2: Accountability ........................ 405 C. Maintaining Lack of Member State Responsibility and Enhancing the Accountability of International Organizations ...................................... 406 IV. PROBLEMS WITH THE CURRENT SETTLEMENT ................. 408 A. Lack of Remedies Against International Organizations ..... 408 B. The Prospects for Greater International Organization Accountability ..................................... 411 C. Revisiting the Settlement and Introducing a Contingent Factor ............................................ 412 D. The Limits of the Contingency Model ................... 413 V . CONCLUSION .......................................... 414 * Reader, Faculty of Law, University College London, University of London, www.ucl.ac.uklawslwilde. Thanks to Dr. Silvia Borelli for research assistance. This work was supported by a Leverhulme Trust Research Fellowship. This article is a revised version of remarks presented at the American Branch of the International Law Association International Law Weekend 2005, held at the House of the Association of the Bar of the City of New York, from October 20-22, 2005.

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