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 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.

Responsibility and Immunities

2014 ◽  
Vol 11 (1) ◽  
pp. 114-171 ◽  
Author(s):  
Alexander Orakhelashvili
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
Present Contribution ◽  
Relative Growth ◽  
The Past ◽  
International Legal System ◽  
The Law ◽  
The Relationship

Over the past couple of decades, the relative growth of the human-oriented element in the international legal system has been one of the defining characteristics of the process of its evolution. Rules, instruments, practices and institutions for protecting individuals in peacetime as well as during times of war keep multiplying and becoming more imperative. How does the law respond to underlying the dilemmas this presents: through developing a system of effective remedies, or by admitting and tolerating substantial gaps in accountability? The present contribution covers the law of the responsibility of international organizations and the multiple grounds of attribution under it, mainly focusing on the International Law Commission’s Draft Articles on the Responsibility of International Organizations and their applicability in practice. It also focuses on the immunities of international organizations, their sources and scope, and on the relationship between their competing or conflicting standards. There is more inter-dependence between the standards under the law of responsibility and those under the law of immunities than often meets the eye, and such inter-dependence is dictated by the orderly operation of both these branches of international law.

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.

scholarly journals Gondolatok és javaslatok a román Polgári törvénykönyv magyar fordításához

2021 ◽  
Vol 4 (2) ◽  
pp. 41-64
Author(s):  
Tamás Nótári ◽  
Előd Pál
Keyword(s):  
Family Law ◽  
Civil Code ◽  
The Other ◽  
Legal Capacity ◽  
Legal Personality ◽  
The Third ◽  
The Law ◽  
Legal Fact ◽  
Personal Law ◽  
The Relationship

In this paper, we wish to make a few comments on the third edition of the hungarian translation of the Romanian Civil Code, without claiming to be exhaustive. Our translation suggestions concern certain provisions of personal (and family) law, law of property and law of obligations. We will expand on the concepts of legal personality, legal capacity and capacity to act in the personal law section, the concepts of property and assets in the law of property section, and the relationship between the concepts of legal fact and deed in the law of obligations section, and then make translation and correction suggestions for all the other articles in the books mentioned.

Jurisdictional Immunities of States and International Organizations

2018 ◽  
Author(s):  
Edward Chukwuemeke Okeke
Keyword(s):  
International Organizations ◽  
International Courts ◽  
National Courts ◽  
State Immunity ◽  
International Legal Order ◽  
The Law ◽  
Diplomatic Immunity ◽  
Heads Of State ◽  
The Relationship ◽  
Conceptual Confusion

This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of diplomatic immunity and State immunity. The major aim of this book is to clarify the conceptual confusion that has often bedeviled the understanding of the law of the (different but interrelated) jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international courts and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The distinct jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for the international legal order to foster international relations and cooperation. The author intends to position the book to be of use both to scholars and to practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.

A Ghost in the Ivory Tower: Positivism and International Legal Regulation of Armed Opposition Groups

2016 ◽  
Vol 7 (1) ◽  
pp. 32-62 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Legal Regulation ◽  
Current Debate ◽  
Legal Personality ◽  
Legal Obligations ◽  
The Law ◽  
Opposition Group ◽  
International Legal Personality ◽  
The Relationship

Why do scholars, who generally acknowledge the international legal personality of non-State entities, still question the bindingness of the law of non-international armed conflict on insurgents? This article examines the relationship between the two dominant positivist conceptions of international legal personality and the rights and obligations of insurgents as a matter of positive international law. First, the article illustrates that the evolution of the law of non-international armed conflict corroborates Hans Kelsen’s idea that the international legal personality of an entity, be it a State, an armed opposition group, or an individual, is solely contingent upon interpretation of international norms. Second, it shows that the traditional perception of States as exclusive subjects of international law – though never reflected in positive norms governing non-international armed conflict – continues to influence the current debate on the theoretical underpinnings for binding insurgents. The orthodox ‘States-only’ conception of international legal personality is seemingly so ingrained in the minds of contemporary international lawyers that they inadvertently rely on it when faced with international legal regulation of non-State entities. Finally, the article addresses the implications of these findings for the overall question of international legal obligations of non-State actors.

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.

Sources of the Law of Immunity of International Organizations

2018 ◽  
Author(s):  
Edward Chukwuemeke Okeke
Keyword(s):  
International Law ◽  
International Organizations ◽  
Member States ◽  
Customary International Law ◽  
National Legislation ◽  
Bilateral Agreements ◽  
Treaty Law ◽  
The Law ◽  
The Relationship

Because international law is central to the determination of the jurisdictional immunity of international organizations, this chapter examines the sources of the immunity of international organizations, which is mainly treaty law. The basic text or constituent instrument by which member States establish international organizations usually provides for the organizations’ privileges and immunities. Provisions on privileges and immunities are also found in national legislation, and bilateral agreements, such as headquarters agreements or establishment agreements. The chapter also examines whether the immunity of international organizations is governed by customary international law in addition to treaty law. It further examines the interrelationship between treaty and customary international law, and the relationship between international law and national law with respect to jurisdictional immunity.

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.

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