scholarly journals An Accidental Revolution: The ILO and the Opening Up of International Law

2020 ◽  
pp. 123-140
Author(s):  
Jan Klabbers
Keyword(s):  
International Law ◽  
International Organization ◽  
Labour Law ◽  
Legal Doctrine ◽  
The Creation ◽  
Opening Up ◽  
Do So

Abstract This article discusses the pioneering role of the ILO not in terms of its contribution to labour law, but in terms of its epistemic relevance: it was the first international organization which cut through the classic borderline between national law and international law. In order to do so, the article sketches pre-ILO legal doctrine, and discusses the creation and particular structure of the ILO at some length: why even create an organization to address labour issues, instead of concluding a convention? This is followed by outlining just how relevant the role of the ILO has been.

scholarly journals Designing for international law: The architecture of international organizations 1922–1952

2020 ◽  
pp. 1-22
Author(s):  
Miriam Bak McKenna
Keyword(s):  
New York ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
International Labour Organization ◽  
The Relationship ◽  
Physical Manifestation ◽  
Insight Into ◽  
Do So

Abstract Situating itself in current debates over the international legal archive, this article delves into the material and conceptual implications of architecture for international law. To do so I trace the architectural developments of international law’s organizational and administrative spaces during the early to mid twentieth century. These architectural endeavours unfolded in three main stages: the years 1922–1926, during which the International Labour Organization (ILO) building, the first building exclusively designed for an international organization was constructed; the years 1927–1937 which saw the great polemic between modernist and classical architects over the building of the Palace of Nations; and the years 1947–1952, with the triumph of modernism, represented by the UN Headquarters in New York. These events provide an illuminating allegorical insight into the physical manifestation, modes of self-expression, and transformation of international law during this era, particularly the relationship between international law and the function and role of international organizations.

scholarly journals Shared Obligations and the Responsibility of an International Organization and Its Member States

2021 ◽  
pp. 1-40
Author(s):  
Nataša Nedeski
Keyword(s):  
Member State ◽  
International Law ◽  
International Organization ◽  
Member States ◽  
International Obligations ◽  
International Responsibility ◽  
Mixed Agreements ◽  
The Eu ◽  
Do So

Abstract Discussions on the allocation of international responsibility between an international organization and its member states do not comprehensively engage with the role of obligations in assigning responsibility to the organization and/or its members. The present article sets out what will be termed an obligations-based approach to the allocation of international responsibility by exploring the phenomenon of sharing international obligations by an international organization and its members, as well as the implications thereof for their responsibility under international law. It will do so by focusing on the practice of concluding mixed agreements by the EU and its member states, which commonly results in overlapping obligations for the organization and its members. It is ultimately argued that a distinction should be made between two types of shared obligations in mixed agreements in order to untangle who can be held responsible in case of a breach: the EU, the member state(s), or both.

Part III The Current International Law of State Immunity, 14 Immunity from Adjudication: The Employment Exception in respect of (1) A Foreign State and (2) An International Organization

2015 ◽  
Author(s):  
Fox Hazel ◽  
Webb Philippa
Keyword(s):  
Collective Bargaining ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Labour Law ◽  
National Courts ◽  
State Immunity ◽  
Foreign State ◽  
Standard Terms ◽  
Sick Pay

This chapter examines the exception for employment as it pertains to States and international organizations. Whilst the employment — its terms for performance, remuneration, including sick pay, overtime, and other benefits, notice and procedures for dismissal or termination — may be provided in an individual contract or imported from standard terms of employment or collective bargaining agreements, there may also be a considerable overlay of statutory or mandatory provisions that the national labour law imposes or in respect of which increasingly the forum State has assumed regional or international law obligations. There are also certain generally accepted practices relating to employment to be taken into account in considering the scope of the immunity of a foreign State and international organization as regards employment claims brought before the national courts of another State.

International Organizations and the Creation of Customary International Law

2020 ◽  
Vol 31 (1) ◽  
pp. 201-233
Author(s):  
Kristina Daugirdas
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Direct Role ◽  
Customary International Law ◽  
Legal Personality ◽  
Legal Questions ◽  
International Legal System ◽  
The Creation ◽  
International Legal Personality

Abstract This article argues that international organizations ‘as such’ can contribute directly to the creation of customary international law for three independent reasons. First, the states establishing an international organization may subjectively intend for that organization to be able to contribute to the creation of at least some kinds of customary international law. Second, that capacity may be an implied power of the organization. Third, that capacity may be a byproduct of other features or authorities of the international organization – specifically, the combination of international legal personality and the capacity to operate on the international plane. Affirming international organizations’ direct role in making customary international law will not dramatically change the content of customary international law or the processes by which rules of customary international law are ascertained. But recognizing that role is significant because it will reinforce other conclusions about how international organizations fit into the international legal system, including that customary international law binds international organizations. Such recognition may also shift the way lawyers within international organizations carry out their work by affecting the sources they consult when answering legal questions, the materials they make publicly available and the kinds of expertise that are understood to be necessary to discharge their responsibilities. Finally, affirming international organizations’ role in creating customary international law may make international organizations more willing to comply with those rules.

Book I Diplomacy in General, 4 The State: Its Concept as a Legal Person in International Law

2016 ◽  
Author(s):  
Fox Hazel
Keyword(s):  
International Law ◽  
International Community ◽  
The State ◽  
International Organization ◽  
Legal Person ◽  
International Affairs ◽  
Public International Law ◽  
Role Of The State

This chapter addresses the State as the prime actor in the conduct of diplomacy and examines the State’s status as a legal person as defined by international law. To understand the role of the State in international affairs, it is essential to appreciate that it is both a maker and a subject of international law. It has been and continues to be instrumental in the formation of public international law. The chapter thus presents four topics to explain the nature and scope of the powers and activities of the State in international affairs. These are: the qualifications for statehood, recognition of the State as a member of the international community, the State compared to an international organization as a legal person and other entities having lesser rights in international law, and sovereignty as an attribute of the State.

scholarly journals Damage in International Law: Precondition For State and International Organization Responsibility?

2021 ◽  
Vol 6 (3(16)) ◽  
pp. 381-408
Author(s):  
Enis Omerović
Keyword(s):  
International Law ◽  
Criminal Responsibility ◽  
International Organization ◽  
Punitive Damages ◽  
Legal Doctrine ◽  
Legal Personality ◽  
Legal Nature ◽  
Definition Of ◽  
International Law Commission ◽  
International Legal Personality

The first chapter of the paper elaborates the question of whether one of the constitutive elements of the internationally wrongful act and a precondition for responsibility could be embodied in an existence of damage that has to be inflicted upon participants with international legal personality. In this regards legal doctrine, the arbitral awards, international judgments as well as the works of the UN International Law Commission will be examined, particularly the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the Draft Articles on the Responsibility of International Organisations from 2001 and 2011, respectively. An interesting question could be raised concerning the terms used in Law on Responsibility and that is whether there is a difference between damage, injury, and unlawful consequence. Punitive or penal damage and its application in Law on Responsibility will be further assessed. The author will begin its research with the definition of punitive damage, and will further take into consideration international legal doctrine, international arbitral awards, judicial decisions of international courts, decisions of various claims commissions as well as norms of general international law in supporting his hypothesis that international law does not entail reparations for punitive damages. One of the aims of this paper is to indicate the question of whether the existence of punitive damages in international law, if any, be linked to a legal nature of State and international organization responsibility, in the sense that application of punitive damages in international law would support the thesis on the very existence of criminal responsibility of the named subjects of international law? It is interesting to note that the criminal responsibility of states has been abandoned by the removal of Article 19 in the final Draft Articles on Responsibility of States.

scholarly journals Contribution of language to the creation of corporate social capital

2019 ◽  
pp. 243-263
Author(s):  
Krishna S. Dhir
Keyword(s):  
Social Capital ◽  
Multinational Corporations ◽  
Language Skills ◽  
Multinational Companies ◽  
Knowledge Based ◽  
Knowledge Based Economy ◽  
The Creation ◽  
Corporate Social ◽  
Do So

With increased globalization of trade and business in a knowledge-based economy, and increasing diversification of the workforce, there is increasing pressure on multinational companies to report, and even measure, their social capital. This article explores the role of language in the creation of corporate social capital. The language used in a corporation is an asset, which creates value and corporate social capital in the use and exchange of ideas. Linguists have long attempted to assess the value of language as a commodity, but with little success. This article offers an approach to overcome this difficulty and to measure the value of language as an element of corporate social capital. To do so, it draws an analogy between the functions of language and functions of currency. The article goes on to suggest that multinational corporations should hold a portfolio of language skills, much as it does a portfolio of currencies.

scholarly journals Influence of the Yalta Conference on the Development of Modern International Law

2021 ◽  
pp. 394-423
Author(s):  
N. A. Cherniadeva ◽  
◽  
Yu. V. Vasilyeva ◽  
Keyword(s):  
International Law ◽  
Legal Analysis ◽  
Important Place ◽  
Scientific Methods ◽  
International Legal Order ◽  
Legal Foundations ◽  
General Scientific ◽  
The Creation ◽  
Final Agreement

Introduction: the article analyzes the contribution of the Yalta conference of 1945 to the formation of the modern international legal system. We believe that the role the decisions taken at this conference played in the formation of current international law is significantly underestimated these days. The purpose of this article was to identify the elements of modern international law the formation and development of which were influenced by the Yalta Conference. For this, the following objectives were set and consistently accomplished in the course of research: to determine the role of international conferences as mechanisms for the development of international law; to identify the features of the Yalta conference; to study international legal decisions that were made during the Yalta conference. Methods: we applied general scientific methods of analysis, synthesis, interpretation, formal logic. In connection with the study of historical aspects of international legal science, the method of historical and legal analysis played a significant role. Of the specialized legal methodological tools used in the preparation of the article, we note the methods of formal legal analysis and legal modeling. Results: the article proves that the Yalta conference laid the legal foundations for new significant international legal regulations. We consider the following to be the main international legal achievements of Yalta-1945: final agreement on the creation of the UN; the creation of a completely new mechanism of international legal governance – the UN Security Council; participation in the formation of a new system of sources of international law; participation in the development of the basis of new international law; participation in the formation of a number of new branches of international law. Conclusions: the Yalta Conference marks the end of one era and the beginning of a new one, in which the UN will occupy the most important place in the system of management of international legal relations. Many decisions made in Yalta concerned the future of the international legal order, and not just the resolution of the geopolitical issues of the Second World War at its last stage.

Introduction

2020 ◽  
pp. 1-16
Author(s):  
Gisela Hirschmann
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Global Governance ◽  
Standard Setting ◽  
Third Parties ◽  
International Organization ◽  
Competitive Environment

This introductory chapter highlights why pluralist accountability is an important empirical phenomenon in global governance that needs to be studied systematically. It demonstrates the limits of the existing literature on international organization (IO) accountability, which has focused on traditional, vertical accountability, whereby the implementing actors are held accountable directly by the mandating authority. The chapter introduces the concept of pluralist accountability as standard setting, monitoring, and sanctioning by independent third parties. It presents the argument that a competitive environment that stimulates third parties to act as accountability holders and the vulnerability of implementing actors regarding human rights demands shape the evolution of pluralist accountability. The chapter then outlines the implications of the book’s analysis for current International Relations and international law scholarship on IOs, in particular with regard to complex delegation, the role of nonstate actors and the study of IO legitimacy. It also contains an overview of the subsequent chapters.

The Right to Science

2021 ◽  
Keyword(s):  
Open Access ◽  
International Law ◽  
Life Extension ◽  
Science And Society ◽  
Dual Use ◽  
Human Right ◽  
Ideal Tool ◽  
The Right ◽  
Do So

That everyone has a human right to enjoy the benefits of the progress of science and its applications comes as a surprise to many. Nevertheless, this right is pertinent to numerous issues at the intersection of science and society: open access; 'dual use' science; access to ownership and dissemination of data, knowledge, methods and the affordances and applications thereof; as well as the role of international co-operation, human dignity and other human rights in relation to science and its products. As we advance towards superintelligence, quantum computing, drone swarms, and life-extension technology, serious policy decisions will be made at the national and international levels. The human right to science provides an ideal tool to do so, backed up as it is by international law, political heft, and normative weight. This book is the first sustained attempt at turning this wonder of foresight into an actionable and justiciable right. This title is also available as Open Access on Cambridge Core.

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