Interdisciplinary Legal Studies

Interdisciplinary Legal Studies

Analysis of the Rule of Fairness in the Area of Responsibility of International Organizations

Document Type : Original Article

Authors
1 Ph.D, International Law, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran.
2 MA, Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract
Background
This article examines the rule of fairness in international organizations' area of ​​responsibility. Explaining the theory of individual responsibility, the author of this article calls his argument that it is not fair to impose the burden of international organizations' responsibility on member states a base argument (individual responsibility). Rejecting the first theory (i.e., the individuality of responsibility), the author discusses the change of the existing system regarding international organizations' responsibility and the government's responsibility based on the principle of fairness.
Materials and Methods
This research has been done using library resources in a descriptive-analytical manner.
Ethical Considerations
Honesty and fidelity in writing the text have been observed.
Findings
The secondary responsibility of the International Organization member states is subject to that organization's responsibility, and no greater responsibility is imposed on the member states than the joint responsibility of the international organization with its members. Therefore, the theory of secondary responsibility of member states does not harm international organizations' independent legal personality but restricts them.
Conclusion
At the heart of governments' criticism is the unfairness of the current system of liability in drafting articles on international organizations' responsibility. This system of liability as a system of general liability, which is reasonably consistent with international organizations' legal personality, must be reconsidered, and the citizens of these states must also change the legal system of liability of states and international organizations.
Keywords

  • Receive Date 12 October 2024
  • Revise Date 28 November 2024
  • Accept Date 09 December 2024
  • First Publish Date 09 December 2024
  • Publish Date 01 April 2025