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.

An Analysis of Some of the Principal Legal Questions Relating to U.N. Weapons Inspections in Iraq

1998 ◽  
Vol 67 (3) ◽  
pp. 249-273
Author(s):  
Keyword(s):  
International Law ◽  
Secretary General ◽  
Ballistic Missile ◽  
Legal Issues ◽  
Chemical Weapons ◽  
Legal Questions ◽  
The Subject ◽  
Kofi Annan

AbstractThe multi-year U.N. weapons inspection program in Iraq has encountered numerous difficulties. Its basic objectives have been to ascertain the extent of Iraq's atomic, biological, and chemical weapons, and ballistic missile systems, and then to undertake efforts designed to eliminate such and complicate that nation's ability to reconstruct that arsenal. A wide variety of legal issues surround the operation of the inspection program. Some of these arise from the seminal U.N. resolutions on the subject, and associated operational documents drafted by the Secretary-General, while others arise from the February 23, 1998, Memorandum of Understanding between Secretary Kofi Annan and the Iraqi government. In this article, six of the principal legal issues are subjected to analysis. It is suggested that ambiguity affects some, but not all of the issues. Nevertheless, the ambiguity that is extant, though presenting the potential for complex and unsettling difficulties, has permitted the development of an inspection regime unprecedented in international law.

Functionalism According to Paul Reuter: Playing a Lone Hand

2020 ◽  
Vol 31 (2) ◽  
pp. 543-564
Author(s):  
Evelyne Lagrange
Keyword(s):  
International Law ◽  
International Organizations ◽  
Policy Makers ◽  
Public International Law ◽  
Respective Role ◽  
International Law Commission ◽  
Law Commission

Abstract The true designer of the High Authority of the European Coal and Steel Community (ECSC) might have been a French professor of international law, Paul Reuter (1911–1990). Then working in the shadow of Jean Monnet, he became one of the leading experts in public international law in France from the late 1950s on and also served on the International Law Commission. It was not his style to develop a fully-fledged theory of functionalism, but he paid the utmost attention to the ‘functions’ of international organizations. While demonstrating a certain reluctance towards some consequences associated with functionalism, he expressed no disdain for a lite version of ‘constitutionalism’. Discretely, Reuter outlined a balancing between ‘functionalism’ and ‘constitutionalism’. He more insistently elaborated on the respective role of experts and policy-makers.

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.

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.

Sources of International Organizations’ Law

2018 ◽  
Author(s):  
Jan Klabbers
Keyword(s):  
International Law ◽  
International Organizations ◽  
Administrative Law ◽  
Legal Obligation ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Law

This chapter reflects on the uncertainties regarding the question of why international organizations would be bound by international law. It places these uncertainties in the broader framework of a vague and ill-defined ‘turn to accountability’. As the chapter shows, international organizations are often held to account for wrongdoing without it being clear whether they have also violated an international legal obligation resting upon them. The chapter then discusses in some detail the 1980 WHO–Egypt advisory opinion of the International Court of Justice (ICJ) regarding whether the WHO could close their Alexandria office and move it to Jordan. Afterwards, the chapter reviews several recent attempts to overcome the ‘basis of obligation’ problem in the law of international organizations, such as the putative constitutionalization of international law or international organizations, the adoption of accountability models, and the emergence of Global Administrative Law.

Sources of Dynamism in Modern Administrative Law

2020 ◽  
Author(s):  
Joanna Bell
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
Legal Issues ◽  
Administrative Practices ◽  
England And Wales ◽  
Legal Questions

Abstract The list of recognised grounds of judicial review has remained constant in England and Wales for several decades. Modern administrative law may therefore appear to be characterised by high levels of stability or perhaps stagnancy. The essays in The Frontiers of Public Law are, however, an important reminder of three important sources of dynamism across modern administrative law. First, legislation can change regularly in this field, generating novel legal questions. Secondly, internal administrative practices are not static but evolving, creating questions about the adequacy of existing doctrinal structures. Thirdly, principles can emerge within sub-branches of judicial review, giving rise to questions about whether and how those same principles apply elsewhere. These sources of dynamism make modern administrative law ripe territory for novel and important legal issues.

Privileges and Immunities of Global Public-Private Partnerships: A Case study of the Global Fund to Fight AIDs, Tuberculosis and Malaria

2009 ◽  
Vol 6 (2) ◽  
pp. 383-419 ◽  
Author(s):  
Davinia Abdul Aziz
Keyword(s):  
International Law ◽  
International Organizations ◽  
Global Fund ◽  
Institutional Design ◽  
Administrative Law ◽  
Public Private Partnership ◽  
Public Private Partnerships ◽  
Private Partnership ◽  
Scholarly Literature

AbstractThe question of whether it is at all appropriate to extend privileges and immunities regimes beyond international organizations to the increasingly ubiquitous global public-private partnership structure has received little attention to date in the scholarly literature. This article examines this question through a study of the Global Fund to Fight AIDS, Tuberculosis and Malaria, a permanent global public-private partnership that formally incorporates non-state actors as equal players in its core governance structures. The article concludes that considerations of genesis and administrative law-type analyses of institutional design may, to some extent, substitute for the constituent treaty of classical international law in order to identify which global public-private partnerships should benefit from privileges and immunities, as well as the specific privileges and immunities to be granted in each case to facilitate the effective fulfilment of these partnerships' mandates.

Chronology of Practice: Chinese Practice in Public International Law in 2018*

2019 ◽  
Vol 18 (4) ◽  
pp. 837-931
Author(s):  
Xiaohui Wu
Keyword(s):  
International Law ◽  
International Organizations ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Public International Law ◽  
National Legislation ◽  
Republic Of China ◽  
Judicial Decisions ◽  
International Conventions ◽  
Foreign Ministry

Abstract This Survey covers materials reflecting Chinese practice in 2018 relating to: treaties, agreements and other documents signed or ratified by the People’s Republic of China; national legislation; statements made by Chinese representatives at the meetings of the UN and other international organizations, international conferences, and those made by the Foreign Ministry spokespersons, with respect to various branches of international law; and judicial decisions, in particular on the applicability and application of international conventions, by Chinese courts.

scholarly journals The Legitimacy of IO Rule-Making

2018 ◽  
Vol 112 ◽  
pp. 275-278
Author(s):  
José E. Alvarez
Keyword(s):  
International Law ◽  
International Organizations ◽  
Public Law ◽  
Legal Responsibility ◽  
Public International Law ◽  
International Court ◽  
Global Constitutionalism ◽  
State Consent ◽  
Private Associations ◽  
Rule Making

The rules international organizations (IOs) make deviate considerably from the traditional sources of international law in Article 38 of the International Court of Justice's (ICJ) Statute and the ways those are understood: as generated, enforced, and interpreted by states based on their consent. As this panel demonstrates, IO “rules” take various forms—e.g., guidelines, recommendations, and standards—and are promulgated by not only traditional interstate organizations but public/private hybrids, transnational networks involving agencies inside states, private associations of industry or other experts, or subsidiary committees of the parties (COPs) or meetings of the parties (MOPs). These rules enjoy varying degrees of authoritativeness, often purport to have some impact on state and non-state actors, and depart, sometimes quite openly, from reliance on state consent. And even when IOs turn to the traditional sources—treaties, custom, general principles—these take untraditional forms that blur distinctions between binding and non-binding law. Whether these governance efforts are described as systems of “global administrative law,” “global constitutionalism,” or “transnational legal orders” or as new forms of “international public law,” they are certainly different from your grandmother's public international law. Like “soft” law before it, these governance efforts have drawn the ire of legal positivists who ask, with some justice, what is meant by “law” if everyone (public, private, and in-between) is a potential “lawmaker” and no one can be certain about whether their efforts entail legal responsibility and, if so, for whom.

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