Accountability of international organizations according to national law

Abstract

This contribution focuses on a particular aspect of the broader current debate on the accountability of international organizations, on the rather unexplored question whether and to what extent international organizations are bound by national law and may become accountable for not complying with it. While it is largely accepted that States may act on a private law level being subject to rules of national law and ultimately becoming accountable before national courts or other accountability mechanisms, it is more questionable whether the same is true for international organizations.

A review of scholarly writings on the subject and an extensive analysis of the actual case-law by international as well as domestic courts and tribunals produce the following findings: While national private law, such as contracts or torts, is regularly deemed applicable to international organizations, it is far more uncertain whether national public law, such as health and safety legislation, building regulations, or labor law legislation, is binding upon international organizations.

Many international organizations claim that the application of such national rules might interfere with their independent functioning and that internal staff, safety, and other rules and regulations should be applied instead. However, where such internal law of international organizations falls short of generally accepted standards, serious accountability gaps may occur.