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A Review on Dual Attribution of Internationally Wrongful Acts

  • DONG-A LAW REVIEW
  • 2020, (89), pp.259-286
  • DOI : 10.31839/DALR.2020.11.89.259
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : September 27, 2020
  • Accepted : November 19, 2020
  • Published : November 30, 2020

Kim Sung Won 1

1원광대학교

Accredited

ABSTRACT

The expanding role of international organizations would be marked as the vivid icon of current international law. The active involvement of international organizations in world affairs entails the issue of responsibility of international organization with regard to internationally wrongful acts by international organizations. As a independent international legal person, a member State of international organizations is not responsible for internationally wrongful acts, which is performed by international organizations that a member State belongs to. However, there is very complex and difficult situation that needs the application of dual attribution of internationally wrongful acts. Despite the DARIO provides some situations give rise to dual attribution, judicial bodies including international judicial bodies and domestic judicial bodies do not show a harmonized attitude towards dual attribution. This is mainly owed to scarcity of relevant legal cases dealing with dual attribution issues and to inchoate nature of primary rule on the responsibility of international organizations. However, for the purpose of fostering legal regime for the third party suffered from internationally wrongful acts of international organizations, the advocacy of dual attribution imposing responsibility upon international organizations and a member State should be taken seriously. Also, this perspective would fostering the independence of international organizations from the influence of a member State making a overwhelming impact on international organizations. It would be interesting to explore the way that dual attribution shapes its figure in the field of international responsibility regime.

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