scholarly journals Judicial Decisions on the Law of International Organizations

2016 ◽  
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Status ◽  
International Affairs ◽  
Judicial Decision ◽  
Judicial Decisions ◽  
Institutional Structures ◽  
Domestic Courts ◽  
The Subject ◽  
The Law

Concomitant with the rising relevance of international organizations in international affairs, and the general turn to litigation to settle disputes, international institutional law issues have increasingly become the subject of litigation, before both international and domestic courts. While there are several textbooks introducing the law of international organizations, the judicial treatment of this sub-field of international law has not been given the attention due to it. This book contains excerpts of the most prominent international and domestic judicial decisions that are relevant to the law of international organizations, as well as comments thereto. The book contains case-notes regarding about fifty judicial decisions of international and domestic courts. Each case-note consists of five sections, discussing (1) the relevance of the case, (2) the facts, and (3) the legal question; giving (4) a relevant excerpt of the judicial decision; and (5) commenting on the decision. The commentaries are written by leading experts, both scholars and practitioners. The book is divided into seven parts, which correspond to classic categories of international institutional law: (1) legal status (personality), (2) legal powers, (3) institutional structures and position of members, (4) legal acts, (5) obligations, (6) responsibility and accountability, and (7) immunity.

Case Analysis: The Gabčíkovo-Nagymaros Case: The Law of Treaties

1998 ◽  
Vol 11 (2) ◽  
pp. 321-344 ◽  
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
International Law ◽  
Legal Status ◽  
Case Analysis ◽  
Vienna Convention ◽  
Fundamental Change ◽  
Unilateral Termination ◽  
The Subject ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The subject-matter of this article are the issues of treaty law as expounded in the Judgment in the Gabčíkovo-Nagymaros case. The following problems are discussed: unilateral suspension and abandonment of obligations deriving from the binding treaty; the principle of fundamental change of circumstances; unilateral termination of a treaty; applicability of the 1969 Vienna Convention on the Law of Treaties in this case; legal status of so-called ‘provisional solution’; impossibility of performance and material breach of treaty; the application of the principle of ‘approximate application’; and the principle pacta sunt servanda. The issues arc discussed at the background of the Drafts of the International Law Commission.

Book I Diplomacy in General, 3 Introduction to International Law

2016 ◽  
Author(s):  
Wilmshurst Elizabeth
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Comprehensive Account ◽  
The Subject ◽  
The Law

This chapter provides a brief account of what international law is and what its sources are. This is particularly useful for those who have not studied the subject. International law may be defined as the law governing relations between States, and between States and international organizations. The chapter notes, however, that even this definition borders on the simplistic. In addition, the relevance of international law to the diplomat is emphasized in this chapter, as it contributes to the discussion later. Hence the chapter first briefly argues for the relevance of international law in the arena of international relations, before turning to a discussion on the nature, sources, and content of international law, in order to draw a more comprehensive account of what international law is about.

OPICAL ISSUES OF THE FATF’s INTERNATIONAL LEGAL STATUS

2020 ◽  
pp. 144-153
Author(s):  
Denis A. Alexander ◽  
Keyword(s):  
International Law ◽  
Money Laundering ◽  
International Organizations ◽  
Legal Status ◽  
Task Force ◽  
Point Of View ◽  
International Treaties ◽  
Intergovernmental Organization ◽  
The Law ◽  
Financing Of Terrorism

Anti-money laundering and combating the financing of terrorism (AML/CFT) is a complex area in which many state authorities of the countries of the world are involved, as well as numerous international organizations and institutions. One of these international institutions is the Financial Action Task Force on Money Laundering (FATF), the main organization in this area. There are many disputes among the scientific community and practitioners regarding its legal status. It is not an international (intergovernmental) organization under international law. But is it worth it to acquire such a status and what are the consequences of its acceptance / non-acceptance? This article will analyze in detail the legal status of the FATF from the point of view of international law (the law of international organizations, the law of international treaties, the law of international customs), as well as study other issues directly related to it, which may affect the international community's decision to change its status, for example the fact of possible politicization of the FATF due to its informal status.

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.

The Law of International Organizations: A Subject which needs Exploration and Analysis

2004 ◽  
Vol 1 (1) ◽  
pp. 9-21
Author(s):  
Keyword(s):  
International Relations ◽  
International Law ◽  
20Th Century ◽  
International Organizations ◽  
Directed Attention ◽  
The Past ◽  
Specific Category ◽  
The World ◽  
The Subject ◽  
The Law

AbstractThe law of international organizations, including the institutional law, has been somewhat neglected in the past, even though, or perhaps because, international organizations are creations largely of the 20th century. In my treatise on Principles of the Institutional Law of International Organizations, first published in late 1996 and going now, at the request of the publisher, into a second edition, I directed attention, perhaps in a seminal way, to this institutional law, its importance and its qualification to be considered a specific category not only of general international law but also of international organizational law. In my view there is ample room for further thorough study of various aspects particularly of this law without neglecting the functional international law of international organizations. Apart from principle, their application or non-application in practice may usefully be studied. This by itself justifies a law journal devoted to the subject of international organizational law in general. Moreover, the justification is further reinforced by the fact that now international organizations have become a feature of everyday life in the world. Here, at the risk of repeating what I have said in my book referred to above, because such repetition can only emphasize the importance of the subject matter, I shall concentrate on four aspects which are relevant to international organizational law, to its importance as a part of international law and to its influence on international relations: (i) the pervasiveness of international organizations; (ii) the concept of international institutional law; (iii) its nature; and (iv) its sources.

scholarly journals Introduction: Domestic Courts as Agents of Development of International Law

2013 ◽  
Vol 26 (3) ◽  
pp. 531-540 ◽  
Author(s):  
ANTONIOS TZANAKOPOULOS ◽  
CHRISTIAN J. TAMS
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflict ◽  
Formal Quality ◽  
Law Of Armed Conflict ◽  
Domestic Courts ◽  
Analytical Perspective ◽  
Introductory Paper ◽  
The Law ◽  
The Impact

AbstractThis introductory paper to the symposium hosted by the Leiden Journal of International Law, and edited by the authors, deals with the function of domestic courts as agents for the development of international law. The paper ‘sets the scene’ for the contributions to the symposium, which seek to trace the impact of domestic courts in the development of canonical areas of international law, such as jurisdiction, immunity, state responsibility, the law of international organizations/human rights, and the law of armed conflict/conduct of hostilities. It discusses the formal quality and actual influence of domestic-court decisions on the development of international-law, and introduces the concept of ‘agents’ of international-law development. This is the analytical perspective that the contributions to the symposium adopt.

The Concept of Entitlement to an Exclusive Economic Zone as Reflected in International Judicial Decisions

2020 ◽  
Vol 53 (1) ◽  
pp. 101-133
Author(s):  
Shani Friedman
Keyword(s):  
International Law ◽  
Legal Status ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Judicial Decisions ◽  
Economic Zone ◽  
The Law ◽  
International Adjudication ◽  
Definition Of ◽  
Shed Light

The article seeks to shed light on a lacuna in the law and international adjudication regarding the entitlement of coastal states to the exclusive economic zone (EEZ), by analysing the implicit requirement in the UN Convention on the Law of the Sea of proclamation to establish such entitlement. The main argument of the article is that despite the requirement for proclamation, there is no definition of this act in international law that clarifies its legal status. Nonetheless, failure to heed the requirement to proclaim an EEZ can affect the establishment of the EEZ, which in turn affects the rights and jurisdictions of coastal states in the zone. It can also affect the competence of judicial institutions to decide on matters such as delimitation of overlapping zones.

«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.

Do International Organizations Enjoy Immunity Under Customary International Law?

2014 ◽  
Vol 10 (2) ◽  
pp. 287-318 ◽  
Author(s):  
Michael Wood
Keyword(s):  
Nineteenth Century ◽  
General Practice ◽  
International Law ◽  
Present Article ◽  
International Organizations ◽  
Historical Development ◽  
Customary International Law ◽  
Domestic Courts

The present article considers whether there is “a general practice accepted as law” establishing rules of customary international law on the immunity of international organizations from the jurisdiction of domestic courts. Apart from treaties, there does not appear to be a great deal of practice or opinio juris on the immunity of international organizations. And while there are many treaties dealing with the matter, their significance for the generation of a rule of customary international law seems questionable. This article sketches the historical development of the immunity of international organizations since the nineteenth century, describes various approaches that have been suggested to this question, and sets out such practice as there is and academic consideration of that practice. It then considers whether practice has to date generated any rules of customary international law regarding immunities, and finally suggests some conclusions.

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