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.

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.

ASEAN asWayang Kulit: A Critique of the Constitutional, Extra-constitutional, and Practical Fetters of ASEAN

2019 ◽  
Vol 9 (2) ◽  
pp. 275-297 ◽  
Author(s):  
Jose Duke BAGULAYA
Keyword(s):  
International Law ◽  
International Organizations ◽  
Structural Control ◽  
World Politics ◽  
International Organization ◽  
Control Mechanisms ◽  
Member States ◽  
Legal Personality ◽  
Rules Of Procedure ◽  
Wayang Kulit

AbstractInternational organizations have been described metaphorically as the Frankenstein of international law. They are created by states and yet more often than not they assume powers that humble their creators. This paper presents a different metaphor to describe the Association of Southeast Asian Nations [ASEAN]. Created in 2007, ASEAN, it is argued, resembles the fetteredwayang kulitin Indonesian theatre. It is an international organization which is controlled by its Member States in various ways. This paper analyzes three forms of ASEAN's fetters: constitutional, extra-constitutional, and practical. Constitutional fetters refer to the structural control embedded in the ASEAN Charter. Extra-constitutional fetters refer to rules of procedure that close the openness of the constitutional text. Finally, practical fetters refer to the ways the Member States limit ASEAN's legal personality in practice. Through these control mechanisms, ASEAN has so far acted on the stage of world politics according to the narrative of its puppet masters.

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.

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.

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.

scholarly journals Multinational (Transnational) Companies as Subjects of Public International Law // Multinacionalne (transnacionalne) kompanije kao subjekti međunarodnog javnog prava

2017 ◽  
Vol 7 (7) ◽  
pp. 110
Author(s):  
Boris Krivokapić
Keyword(s):  
International Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Multinational Companies ◽  
Legal Capacity ◽  
Legal Personality ◽  
Transnational Companies ◽  
The One ◽  
International Legal Personality

The paper deals with international legal status of multinational (transnational) companies. The first part gives an overview of this entities and the specifics of their role in the modern world.In the second part, the author deals with the elements of international legal personality of multinational (transnational) companies. Such as international legal regulation of the position of these entities, their specific rights and obligations under international law, international responsibility, process subjectivity before certain international judicial bodies and the special relationship (partnership) with international organizations. It should be added that not only that international law acknowledges their existence, but also multinational companies themselves at least in part influence the development of that law.In the concluding remarks the author notes that multinational (transnational) companies do not have all the elements of a full international personality, the one that is inherent to states. However, even if not complete their personality is beyond doubt. Although between them, depending on the case, there are major differences, there is no dispute that, from the perspective of international law, at least some multinational companies have the legal capacity (the ability to be the holder of a larger or smaller circle of rights and obligations established by international law), legal capacity (the ability to conclude international agreements, create international custom, etc.), tort capacity (the ability to provide for the legal bears responsibility for violating the norms of international law), process capability (active and passive legitimacy before some international courts), etc. In all likelihood, along with the expected further strengthening of the economic, but also political and every other power and role of the companies themselves, their international personality will also become more and more developed, At one point this will require global (universal) agreement which would precisely define rights, but, in particular, the duties and responsibilities of these entities.

Liability of international organizations

1988 ◽  
Vol 1 (1) ◽  
pp. 3-14 ◽  
Author(s):  
Henry G. Schermers
Keyword(s):  
International Law ◽  
International Organizations ◽  
Point Of View ◽  
International Organization ◽  
Theoretical Point ◽  
Governmental Organizations ◽  
Legal Questions ◽  
Legal Literature ◽  
Financial Obligations

When in 1985 the International Tin Council was unable to meet its financial obligations, various legal questions arose. It appears that the question of liability of international organizations has, up till now, not been adequately addressed. The article written by Professor Henry G. Schemers is a first attempt in legal literature to examine the liability of international organizations from a theoretical point of view. The author concludes that the principle that everybody is liable for his debts does not apply to international governmental organizations. The liability of governments is, in the eyes of the author, not limited when they perform some of their tasks through an international organization, unless there is an express provision to this effect. However, in general international law is insufficiently developed with respect to the payment of debts of international organizations.

The Oxford Guide to Treaties

2020 ◽  
Keyword(s):  
European Union ◽  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Reference Point ◽  
International Agreements ◽  
International Agreement ◽  
The European Union ◽  
Trade Relations ◽  
Nation States

From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Thus, being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations. This revised and updated edition provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. The chapters are designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These are complimented by a set of model treaty clauses. Real examples illustrate the approaches that treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The book thus provides an authoritative reference point for anyone studying or involved in the creation or interpretation of treaties or other forms of international agreement.

Case Practice in International Administrative Law

1997 ◽  
Vol 10 (2) ◽  
pp. 295-303
Author(s):  
Edgar Hennis
Keyword(s):  
International Law ◽  
International Organizations ◽  
European Space Agency ◽  
Administrative Law ◽  
Legal Issues ◽  
Recent Case ◽  
Public International Law ◽  
Space Agency ◽  
Legal Questions ◽  
Administrative Procedures

International administrative law deals with legal recourse within public international organizations in respect of conflicts between employees (international civil servants) and the organization itself. Literature in this field of public international law is relatively scarce and jurisprudence is not easily accessible. Following a short survey of the main particulars in international administrative law this article will present a recent case in which the Appeals Board of the European Space Agency (ESA) rendered a decision. It deals with some typical legal issues which play a role in international administrative procedures. For practitioners, in particular, this case is an interesting example, of how international tribunals solve legal questions in respect of jurisdiction and substance.

The Work of The International Law Commission on “Relations between States and International Organizations” Discontinued: an Assessment

1993 ◽  
Vol 6 (1) ◽  
pp. 3-16 ◽  
Author(s):  
Peter H.F. Bekker
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Status ◽  
General Assembly ◽  
Legal Personality ◽  
Progressive Development ◽  
Un General Assembly ◽  
International Law Commission ◽  
Law Commission

The UN General Assembly has recently decided to delete from the agenda of the International Law Commission the topic ‘Relations between States and International Organizations’.Over a period of 31 years, fourteen Reports by two successive Special Rapporteurs studied the topic in two parts. The First part of the topic (1963–1975) dealt with the privileges and immunities of representatives of states to international organizations, and resulted in a Convention, that has, however, not yet entered into force; the Second part of the topic (1976–1992) concentrated on the legal status and immunities of organizations themselves.The author analyzes the Draft Articles that have been submitted in the course of the ILC's study of the Second part. This is done by way of a three-step application of the functional necessity concept of organizational immunities:(1) Status, dealing with an organization's functions, legal personality and capacity-(2) Selection, defining a scale of organizational immunities for which an organization may be eligible - and (3) Scope, determining the extent of selected immunities. Finally, the author employs the two statutory functions of the ILC -the codification of international law and the progressive development of international law- to assess the contribution by the ILC to this field of international institutional law.

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