The United Nations Conference on the Law of Treaties between States and International Organizations or between International Organizations

1986 ◽  
Vol 33 (02) ◽  
pp. 195 ◽  
Author(s):  
G. Limburg
Author(s):  
Davinia Aziz ◽  
Alison See

This chapter considers the United Nations’ contribution to the law on privileges and immunities of international organizations through its earliest forays into multilateral treaty-making. The chapter focuses on the origins of the 1946 Convention on the Privileges and Immunities of the United Nations and the 1947 Convention on the Privileges and Immunities of the Specialized Agencies; their conceptual innovations, including the key shift from diplomatic to functional immunity; and the driving considerations underlying their treaty design. The chapter also explores the key features of the treaty-making process of both Conventions, the key substantive and structural aspects of both Conventions, and how the Conventions have been applied in practice, including through implementing decisions, and national and institutional positions, as well as headquarters and other bilateral agreements. The chapter concludes by assessing the Conventions’ legacy for multilateral treaty-making, and for the broader law of international organizations.


2021 ◽  
pp. 002085232199756
Author(s):  
Julia Gray ◽  
Alex Baturo

When political principals send agents to international organizations, those agents are often assumed to speak in a single voice. Yet, various types of country representatives appear on the international stage, including permanent representatives as well as more overtly “political” government officials. We argue that permanent delegates at the United Nations face career incentives that align them with the bureaucracy, setting them apart from political delegates. To that end, they tend to speak more homogeneously than do other types of speakers, while also using relatively more technical, diplomatic rhetoric. In addition, career incentives will make them more reluctant to criticize the United Nations. In other words, permanent representatives speak more like bureaucratic agents than like political principals. We apply text analytics to study differences across agents’ rhetoric at the United Nations General Assembly. We demonstrate marked distinctions between the speech of different types of agents, contradictory to conventional assumptions, with implications for our understandings of the interplay between public administration and agency at international organizations. Points for practitioners Delegations to international organizations do not “speak with one voice.” This article illustrates that permanent representatives to the United Nations display more characteristics of bureaucratic culture than do other delegates from the same country. For practitioners, it is important to realize that the manner in which certain classes of international actors “conduct business” can differ markedly. These differences in tone—even among delegates from the same principal—can impact the process of negotiation and debate.


2021 ◽  
pp. 003232172097433
Author(s):  
Svanhildur Thorvaldsdottir ◽  
Ronny Patz ◽  
Klaus H Goetz

In recent decades, many international organizations have become almost entirely funded by voluntary contributions. Much existing literature suggests that major donors use their funding to refocus international organizations’ attention away from their core mandate and toward serving donors’ geostrategic interests. We investigate this claim in the context of the United Nations High Commissioner for Refugees (UNHCR), examining whether donor influence negatively impacts mandate delivery and leads the organization to direct expenditures more toward recipient countries that are politically, economically, or geographically salient to major donors. Analyzing a new dataset of UNHCR finances (1967–2016), we find that UNHCR served its global mandate with considerable consistency. Applying flexible measures of collective donor influence, so-called “influence-weighted interest scores,” our findings suggest that donor influence matters for the expenditure allocation of the agency, but that mandate-undermining effects of such influence are limited and most pronounced during salient refugee situations within Europe.


2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.


Author(s):  
Alice C. Shaffer

Central America has been one of the pioneer areas for the United Nations Children's Fund assisted pro grams. When the United Nations Children's Fund, under a broadened mandate from the United Nations, shifted the emphasis of its aid from emergency to long term and from war-torn countries to those economically less developed, Cen tral American governments immediately requested its assist ance to strengthen and extend services to children and mothers. As one of the first areas in the world to aim at the eradication of malaria and to have engaged in an inten sive campaign against malnutrition on a regional basis, the Central American experiences in these fields have become known, watched, and studied by people from many countries. Against this background, international and bilateral organi zations are working together with governments as they broaden the scope and the extent of their programs. Ten years of co-operative action have highlighted the need for train ing of personnel, both professional and auxiliary. This period has also made clear the value of more integrated programs with wider collaboration both within the ministries of government and between the international organizations.


1948 ◽  
Vol 2 (2) ◽  
pp. 359-360 ◽  

Report to the Economic and Social Council: The International Labor Organization submitted to the Economic and Social Council of the United Nations on, September 29, 1947 a report on its activities during the year 1947. This report, the first of a regular series which ILO had agreed to submit regularly (Article V paragraph 2(a) of the Agreement between the United Nations and the ILO), included background information and covered the period from the establishment of the United Nations to July 15, 1947. This report dealt with the decisions of five successive sessions of the International Labor Conference, i.e., those held in Philadelphia, May 1947, in Paris, October–November 1945, in Seattle, June 1946, in Montreal, September–October 1946, and in Geneva, June–July 1947. Future reports, it was announced, would cover only one year's work. The report was accompanied by a volume containing a series of appendices which included the text of the Constitution of ILO as amended by the 1946 Instrument of Amendment, the text of the Agreement between the United Nations and ILO, a list of the committees of ILO, a list of meetings convened by ILO as well as meetings of other international organizations at which ILO was represented during the period covered by the report, a list of and the texts of Conventions, Recommendations, and some of the Resolutions adopted by the International Labor Conference, resolutions adopted by the third Conference of American States Members of ILO, held in 1946, and the text of the agreement between ILO and FAO.


2021 ◽  
pp. 58-62
Author(s):  
Veronika Shcherbyna ◽  
Ivanna Maryniv

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.


2021 ◽  
Vol 9 (1) ◽  
pp. 72-83
Author(s):  
Chris Whomersley

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) contains detailed provisions concerning its amendment, but these have never been used and this article explores why this is so. States have instead maintained the Convention as a “living instrument” by adopting updated rules in other organisations, especially the International Maritime Organisation and the International Labour Organisation. States have also used the consensus procedure at Meetings of the States Parties to modify procedural provisions in UNCLOS, and have adopted two Implementation Agreements relating to UNCLOS. In addition, port State jurisdiction has developed considerably since the adoption of UNCLOS, and of course other international organisations have been active in related fields.


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