国际组织法律人格滥用与成员国的责任

长期以来,成员国应否对国际组织的不法行为的后果承担责任,存在较大争议。这一问题不论从理论上押或实践上都涉及国际组织的法律人格问题。从本质上而言,如果国际组织具有独立的法律人格,成员国不应对国际组织的债务承担责任。但存在一些例外情况,在此情况下,必须刺破“国际组织的面纱”,由成员国承担共同或连带责任。关于国际组织的“主要责任”和成员国的“次要责任”赔偿顺序问题,受害国或受害国际组织理应有权自主决定责任国或责任国际组织的先后次序。次要性并不意味着在处理求偿要求方面必须按照时间顺序进行。

An Analysis of the Abuse of the Legal Personality of International Organizations and the Responsibility of Member States

For a period of time, whether Member States should hold the responsibility for the consequences of the wrongful act of an international organization are still fueling some controversy. The issue concerns the legal personality of international organizations in theory or in practice. As a matter of principle, when an international organization endowed with legal personality commits a international wrongful act, it is to be held exclusively responsible even though the act would have constituted a violation of its members＇ obligations if committed by them. However, there are exceptions. the liability of a Member State could arise. In this situation, the international community must pierces ＂the veil of international organizations＂, and the Member States should hold concurrent or joint responsibility. Whether responsibility is primary or subsidiary, an injured State or international organization should have the right to decide to invoke the responsibility of the State or the responsibility of international organizations, rather than its opposite. Subsidiarity does not imply the need to follow a chronological sequence in addressing a claim.