Validity and Ultra Vires Acts

2021 ◽  
pp. 159-175
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Organizations ◽  
Legal System ◽  
International Organization ◽  
Customary Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Dynamic Interpretation ◽  
International Court ◽  
Legal Nature ◽  
Two Parameters

The legal validity of the law produced by international organizations is a vexed issue. This chapter explores how it is affected by the absence of a comprehensive concept of an international organization. The functionalist perspective privileges a notion of ultra vires which refers to acts or actions of an international organization which overstep its attributed competences. Conversely, the constitutional perspective adopts a dynamic interpretation under which it is more difficult to determine the invalidity of a rule. First, the chapter describes how the International Court of Justice adopted an either/or approach based on the two conceptualizations. Afterwards, it applies the dual legal nature explaining how the rules have two parameters of legality, deriving from the international and the internal legal system. This finding is applied to the invalidity of a treaty caused by the violation of a rule and to the respect for customary law.

scholarly journals INTERNATIONAL ORGANIZATIONS: ISSUES OF FUNDING OF THEIR ACTIVITY

2016 ◽  
pp. 0-0
Author(s):  
Анатолий Капустин ◽  
Anatoliy Kapustin
Keyword(s):  
United Nations ◽  
International Organizations ◽  
International Organization ◽  
Budget Process ◽  
International Court Of Justice ◽  
Legal Personality ◽  
Court Of Justice ◽  
International Court ◽  
International Rights ◽  
International Legal Personality

A few very important features of financial law of international organizations were consider in present article. The author puts forward an idea that funding of international organizations activities is an important element of the international legal personality of international organizations, because it allows them to ensure the necessary independence while executing their international rights and obligations and the exercise of their assigned functions. The main categories of financial law of international organizations were examined in article: the concept and types of incomes and expenses, the concept of budget process of the international organization in accordance with two ways of funding of international organizations settled in the XX century. Special attention was paid to the analysis of the obligations of Member States of an international organization to contribute to the organization’s budget. For these purposes, the analysis of the positions of judges of the International Court of Justice and the opinions of scientists on this issue in the context of the proceedings on certain expenses of the United Nations. The author has come to conclusion about necessity of the further study of the problems of the financial law of international organizations.

Models of international organization in perpetual peace projects

1992 ◽  
Vol 18 (4) ◽  
pp. 295-317 ◽  
Author(s):  
Daniele Archibugi
Keyword(s):  
United Nations ◽  
International Organizations ◽  
European Parliament ◽  
League Of Nations ◽  
International Organization ◽  
Intellectual Tradition ◽  
International Court Of Justice ◽  
Perpetual Peace ◽  
Court Of Justice ◽  
International Court

Perpetual peace projects constitute a largely undervalued intellectual tradition that has attracted many polemical arrows. One of the most frequent criticisms levelled at the projects is that their authors too often abandon themselves to utopianism. Yet this tradition has proved to be much more influential than is generally recognized: contemporary international organizations, from the League of Nations to the United Nations, from the European Parliament to the International Court of Justice, were sketched out, if only in embryonic form, in these perpetual peace projects. Yet it is rare to find their authors numbered among the founders of internationalist theory.

scholarly journals Implementation of the Implied Powers Doctrine by the UN International Court of Justice

2021 ◽  
pp. 152-162
Author(s):  
Yu. V. Shchokin
Keyword(s):  
International Organizations ◽  
Armed Conflict ◽  
International Organization ◽  
International Court Of Justice ◽  
Judicial Practice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
The One ◽  
Advisory Opinions

The article provides for an overview and analysis of the UN ICJ’s practice on implementation of the implied powers doctrine. Main Court’s cases (judgments and advisory opinions) related to this doctrine were examined (Reparation for Injuries Suffered in the Service of the UN (1949), Effect of Awards of Compensation made by the UN Administrative Tribunal (1954), Certain Expenses of the UN (1962), Legality of the Use by a State of Nuclear Weapons in Armed Conflict (1996), and Fisheries Jurisdiction (1998)). It is noted that the implied powers doctrine became an implementation of the principle of efficiency, which is well known in international judicial practice as the principle interpretatio fiеnda est ut res magis valeat quam pereat. It allows to interpret the charters of international organizations in a more ‘dynamic manner’. The implied powers doctrine, on the one hand, expands the limits of such interpretation, and on the other hand, it limits it. Its antipode is the doctrine of inherent powers that allows to make more broadly interpretation of the charters of international organization based only on its goals. In this connection a comparative analysis of two competing doctrines – of implied powers and inherent powers – is made. The author of the article examined the legal positions of the International Court of Justice that allow to the supporters of the inherent powers doctrine to assert that it has wide application. But, based on the methods of interpretation used by the ICJ in making these judgments and advisory opinions, he come to the conclusion that the Court fully supports exactly the implied powers doctrine.

Determination and Scope of Immunity of International Organizations

2018 ◽  
Author(s):  
Edward Chukwuemeke Okeke
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
International Court Of Justice ◽  
Legal Instrument ◽  
Court Of Justice ◽  
International Court

This chapter deals with the most contentious aspects of the immunity of international organizations: its determination and scope. It is well-settled, under international law, that international organizations require those immunities that are necessary for them to fulfill their functions, but the determination could be contentious, as was evident in the Cumaraswamy case that was decided by the International Court of Justice. The actual scope of the jurisdictional immunity of an international organization depends upon the interpretation of the applicable legal instrument. The chapter deals with the beneficiaries of the immunity of international organizations, as well as with what are the functions of international organizations, and official activities or acts of their officials. It also examines what may constitute waiver of or exception to immunity, and distinguishes them. The chapter further examines whether human rights concepts of access to court and denial of justice place any limitation on the jurisdictional immunity of international organizations. A denial of justice is inherent in a grant of immunity.

scholarly journals The UN System and the Non-Governmental Organisations

2017 ◽  
pp. 153-161
Author(s):  
Pradeep Pathak
Keyword(s):  
International Organizations ◽  
Living Standards ◽  
International Organization ◽  
Social Progress ◽  
International Court Of Justice ◽  
Governmental Organization ◽  
Court Of Justice ◽  
Social Council ◽  
International Court

The United Nations (UN) is an international organization formed with aims to maintain international peace and security, to develop friendly relations among nations and to promote social progress, better living standards and human rights respectively. The UN system is the whole network of international organizations, treaties and conventions that are created by the UN; and it includes specialized agencies, funds and programs.1 The UN system works through its main bodies: the General Assembly, the Security Council, the Economic and Social Council, International Court of Justice and the Secretariat. Role of non-governmental organization (NGO) in the UN system is widely discussed in relation of accomplishing the aims of the UN. This article advances the growing role of NGOs in helping the UN to reach its goals through analyzing the space and role of NGOs in the UN system together with the perspectives of their criticism.

scholarly journals Legal Nature of Advisory Opinions of the International Court of Justice

2019 ◽  
Author(s):  
Petro Halimurka ◽  
Ihor Zeman
Keyword(s):  
Case Law ◽  
Customary Law ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Legal Nature ◽  
The Status ◽  
The Icj ◽  
Advisory Opinions

The article explores the legal nature of advisory opinions of the International Court of Justice. It has been established that advisory jurisdiction consists of at least two main elements – ratione personae and ratione materiae. The original power to request advisory opinions is given to the General Assembly and the Security Council. The Court’s case-law demonstrates that political aspects of question or political motives don’t give any grounds to refuse the request for an advisory opinion. The advisory opinions de jure are not legally binding. However, in practice, due to its quality and the status of the International Court of Justice, the advisory opinions are authoritative. In order for the advisory opinion to be authoritative, it is important that the Court’s position is not divided. Advisory proceedings in its form are similar to the proceedings in disputes, indicating the judicial nature of the advisory opinions. It has been found that in practice, the bodies that requested an advisory opinions of the ICJ, as a rule, follow them. An analysis of the interpretation and application by the Court of the international treaties in the advisory opinions demonstrates that the Court acts as the main judicial organ of the United Nations. There has been established the indirect influence of the ICJ on the formation of an international custom through the use of resolutions of the UN agencies as proof of opinio juris. In the advisory opinion Reparation for Injuries Suffered in the Service of the United Nations International Court of Justice has created a new rule of international customary law regarding the status of a legal entity in international organizations and, consequently, personal legal personality. It is also worth mentioning the advisory opinion Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide, by which the Court has given an impetus to the development of international customary law in the area of reservations to multilateral treaties, in particular with humanitarian purposes. In the advisory opinion of the Western Sahara, the Court not only substantiated the universality of the principle of self-determination, but also clarified what features, in it’s opinion, should have the will of the people. In the advisory opinion Legality of the Threat or Use of Nuclear Weapons the Court substantiated that the rules of international humanitarian law became part of international customary law. Advisory opinion Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory has contributed to the understanding of a number of norms as customary. In particular, the Court confirmed the customary nature of the Hague Convention Respecting the Laws and Customs of War on Land of 1907. In addition, the Court noted that the obligation to respect the right of other peoples to self-determination was a commitment erga omnes. Key words: court; law; justice; dispute; advisory opinion; case-law; custom.

Responsabilité pénale des agents ou fonctionnaires internationaux et immunité de juridiction

2012 ◽  
Vol 49 ◽  
pp. 243-263
Author(s):  
Matthieu Aldjima Namountougou
Keyword(s):  
International Justice ◽  
International Organization ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Status

SummaryAccording to the International Court of Justice, any person through whom an international organization acts is an agent of that organization. However, this definition is too broad. Any participation in the fulfilment of the mission of an international organization does not necessarily make the person an agent of the international organization. After detailing the particularities of the status of international agents, this article considers the issue of accountability for wrongs attributable to them. It recommends in this respect the development of a system of accountability that combines national and international justice responses with priority to the former based on the location of the offence.

The Dual Legal Nature in Practice

2021 ◽  
pp. 108-140
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Organizations ◽  
Third Parties ◽  
International Organization ◽  
Customary Law ◽  
Judicial Decisions ◽  
Legal Nature ◽  
Definition Of ◽  
Legal Character ◽  
International Law Commission ◽  
Law Commission

This chapter describes the dual legal character of international organizations as discussed in practice and scholarship. It reviews every act mentioned by the International Law Commission in its definition of rules of international organizations: ‘the constituent instruments, decisions, resolutions and other acts of the international organization adopted in accordance with those instruments, and established practice of the organization’. Moreover, it also includes agreements with third parties and judicial decisions, which the Commission mentioned only in the commentary to the articles on the responsibility of international organizations. Additionally, it considers general principles and customary law, not mentioned by the Commission but rules of international organizations nonetheless. The purpose is to present a variety of examples in which the dual legal character is either useful to shed new light on traditional debates or already acknowledged by practice and scholarship.

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