International Regional Organizations and their Travel Documents

1968 ◽  
Vol 6 ◽  
pp. 164-187
Author(s):  
Daniel G. Turack
Keyword(s):  
International Law ◽  
International Organizations ◽  
Functional Independence ◽  
Legal Capacity ◽  
Regional Organizations ◽  
Considerable Saving ◽  
Freedom Of Movement ◽  
Effective Operation ◽  
Vital Component ◽  
Time And Energy

Functional independence of international institutions is a sine qua non to their effective operation. Current international law reveals that international organizations have a legal capacity and certain privileges and immunities bestowed upon them by their member states to ensure their independence and that of their staffs. One vital component of functional independence is the freedom of travel for all members of the international staff. In examining the features of freedom of travel necessary for international organizations to discharge their responsibilities effectively, C. W. Jenks wrote:The freedom of movement which is necessary comprises more than the absence of any special restrictions; it includes the usual facilities for official travel, such as diplomatic or other special visas, priorities where these are necessary, exemption from immigration regulations and formalities, and similar measures; taken cumulatively these facilities involve a considerable saving of time and energy and are therefore an important element in securing the expeditious and unhindered travel necessary to the prompt discharge of international responsibilities.

Regional Organizations

2019 ◽  
pp. 36-67
Author(s):  
Tan Hsien-Li
Keyword(s):  
International Law ◽  
International Organizations ◽  
Asia Pacific ◽  
Regional Organizations ◽  
Member States ◽  
Regional Institutions ◽  
History Of ◽  
Definition Of ◽  
The Relationship

This chapter examines the relationship that Asia-Pacific regional and sub-regional organizations have with international law, looking at seven international organizations that span the region. It is commonly believed that the member states of Asia-Pacific regional organizations prefer less formalized institutions and fewer binding commitments. Conventional reasons for this include their history of colonialism, less legalistic and formalized cultures, and a preference for stricter conceptions of sovereignty. As such, their organizations are often perceived as less effective. However, the effectiveness of Asia-Pacific regional institutions should not be judged by one uniform standard. Instead they should be judged on their own definition of effectiveness. There should be a broader understanding that Asia-Pacific states consciously use and participate in their regional organizations differently than in other regions, and they may prefer less institutionalized models as these serve their purposes better and can still be successful.

Part VIII International Institutional Law, Ch.46 Legal Capacity and Powers

2016 ◽  
Author(s):  
Sarooshi Dan
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Capacity ◽  
International Courts ◽  
Legal Personality ◽  
Domestic Courts ◽  
The Law ◽  
National Governments ◽  
The Relationship

The law of international organizations (IOs) is undergoing profound changes, due in large part to the increasingly important role that these organizations have played in exercising powers conferred on them by national governments. This phenomenon has led to concerted attempts by states, international courts and tribunals, and domestic courts to ensure accountability for these exercises of power by imposing corresponding limits on IOs. This chapter focuses, first, on the development of international law relating to the legal personality of IOs, including in this context a brief consideration of the issue of immunity. It then discusses the relationship between states and IOs and the implications of this relationship for the responsibility of states, and in some cases the responsibility of IOs.

Shareholders' Liability in International Organizations-The Settlement of the International Tin Council Case

1991 ◽  
Vol 4 (2) ◽  
pp. 171-183 ◽  
Author(s):  
Carsten Thomas Ebenroth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Civil Law ◽  
Limited Liability ◽  
Control Mechanisms ◽  
Legal Capacity ◽  
International Agreement ◽  
Legal Personality ◽  
Legal Questions ◽  
National Jurisdiction

The financial collapse of the International Tin Council (ITC) in 1985 raised three fundamental legal questions. Firstly, whether the granting of legal personality to an organization under international law by means of an international agreement always carries with it the limited liability of the organization. Secondly, it must be asked whether agreements to establish an international entity based on the statutes of international law are never subject to national jurisdiction. And thirdly, consideration is needed of the precautions to be taken in the future in order to avoid this kind of financial collapse. The answers to these questions have to consider that the international organizations have changed the emphasis of their activities from the perception of sovereign duties over the economic field where they rely on trust and cooperation with private enterprises. Due to this situation a distinction must be made between acts of state and activities under civil law. There is no principle at all in international or private law according to which the granting of international personality or legal capacity involves sole liability. Also the Act of State doctrine is not suited to protect the FTC or its member states from recourse to the court by private creditors in the case of civil acts. To realise the aim of creating a new and more equitable economic order and to improve the necessary credit standing, the statutes of the internationalorganizations must also contain improved control mechanisms.

Prawo do zawierania umów międzynarodowych przez Stolicę Apostolską

2021 ◽  
pp. 152-167
Author(s):  
Sławomir Majszyk
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Theoretical Consideration ◽  
Legal Capacity ◽  
Legal Personality ◽  
Holy See ◽  
Long Period ◽  
The Right ◽  
International Legal Personality

The Holy See is a specific (sui generis) subject of the international law. The acknowledgement of the international legal personality is related to the possession of legal capacity and the capacity of legal international proceedings. The Holy See is regarded as a sovereign subject of international law, which has its own rights and obligations concerning international relations. It has the right to send and receive the minister resident (ius legationis), to participate in conferences and to be member of international organizations (ius foederum), as well as the treaty making capacity (ius tractatuum). One of the principal formal contexts in which the question of international legal personality arises is the capacity to make treaties and agreements valid on the international legal plane. The ius tractatuum possessed by the Holy See is not only based on theoretical consideration of international law principles, but has also been amply attested to by the actual practice of states over a very long period.

scholarly journals مظاهر استخدام القوة في الحرب الاستباقية

2020 ◽  
Vol 2 (3) ◽  
pp. 5-20
Author(s):  
طلعت الحديد ◽  
بريز يونس
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Agreements ◽  
League Of Nations ◽  
Legal Capacity ◽  
Self Defense ◽  
Preemptive War ◽  
Definition Of ◽  
The Right

The Issue of preemptive war and the protection of States against the dangers and threats they face is a process that facilitates rectifying things and carrying out defensive operations that gave rise, in turn, to the legal capacity through repeating and stating them in the international agreements. Self-defense in international law is very similar to the right of defense in the national laws of states which consider the individual’s protection and survival as having the priority over the violator or the enemy. In order tackle all the aspects of the topic, the researchers have tried to divide the study into two main sections. The first section is about the definition of preemptive wars and the scholars’ opinions through two subsections: the first gives the definition of pre-emptive war, and the second tackles the requirements and the motivations of the preemptive war. While the second section which falls in two subsections is related to the role of the international organizations in defining these wars and their mechanisms. The first subsection is about the role of the League of Nations, and the .second is about the role of the United Nations in such wars

A Century of Achievement and Unfinished Work

2000 ◽  
Vol 94 (1) ◽  
pp. 90-98
Author(s):  
George H. Aldrich ◽  
Christine M. Chinkin
Keyword(s):  
International Law ◽  
Dispute Resolution ◽  
International Organizations ◽  
Armed Conflict ◽  
Political Interest ◽  
The Political ◽  
Regional Organizations ◽  
Political Landscape ◽  
New States ◽  
The Hague

The Hague Conferences that produced the Conventions of 1899 and 1907 closed the nineteenth century and opened the twentieth. They established an agenda for negotiation, in the parliamentary-diplomatic mode, for the next hundred years; elevated the development of mechanisms of dispute resolution to new prominence; tried to order many areas of armed conflict with new international law; and, perhaps unintentionally, set parameters for the future diplomacy of international conferences.Subsequent international lawmaking efforts grappled with many of the themes debated at The Hague, even as the political landscape of international law was completely transformed by the breakup of empires and the advent of almost two hundred new states; the founding of international organizations and regional organizations that could scarcely have been imagined in 1899, and the establishment of a truly permanent international judicial institution, followed by the creation of many other judicial institutions with more focused jurisdictions. Despite these changes, much of the style of the Hague Conferences left a deep imprint on international law. The mixture of lofty rhetoric, prophetic international legal vision, and narrow political interest of the Hague Conferences became a characteristic, even an expected feature, of collective international lawmaking efforts in this century.

«Soft law» in the law of the Eurasian Ec onomic Union: place and possibility of challenging

2020 ◽  
Vol 9 ◽  
pp. 35-42
Author(s):  
P.P. Myslivsky ◽  
◽  
I.N. Shchurova
Keyword(s):  
International Law ◽  
International Organizations ◽  
Soft Law ◽  
Binding Force ◽  
Eurasian Economic Union ◽  
Economic Commission ◽  
Economic Union ◽  
The Law

In international law, there are sources that do not formally have binding force, but may indicate the emergence of the opinio juris of states, as well as emerging practice. The Eurasian Economic Union also issues acts that are not formally binding: they are adopted by the Eurasian Economic Commission in the form of recommendations. In addition, the Union takes into account the recommendatory acts of other international organizations. At present, the practice of the EAEU Court indicates that this body takes into account “soft law” in the course of argumentation, but proceeds from the impossibility of challenging acts that are recommendations of the EEC. The authors give ways to establish the possibility of challenging the EEC recommendations in the EAEU Court.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Latin America’s Evolving Contribution to Peaceful Change in the International System

2020 ◽  
Author(s):  
Harold A. Trinkunas
Keyword(s):  
Latin America ◽  
International Law ◽  
Structural Changes ◽  
International System ◽  
Regional Organizations ◽  
International Courts ◽  
Interstate Disputes ◽  
System P ◽  
Soft Balancing ◽  
Interstate System

Latin America has long aspired for an interstate system based on the principles of nonintervention and adherence to international law. Over time, the region has become increasingly free of war, and interstate disputes are frequently settled via diplomacy or by international courts. But it has achieved a largely “negative” peace as peaceful relations in the region are neither the result of nor have produced deeper commercial integration, effective regional organizations, or epistemic security communities. This chapter examines realist, liberal, and constructivist explanations to explain the sources of peace and peaceful change in Latin America, as well as how structural changes in the international system have affected the region. In particular, it analyzes how Latin America’s relative weakness in terms of material capabilities has led it to rely on diplomacy, “soft balancing,” and norms entrepreneurship in international law to secure its interest in a progressively more peaceful and rule-bound international order.

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.

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