International Organizations and their Members

2004 ◽  
Vol 1 (1) ◽  
pp. 139-161 ◽  
Author(s):  
Niels Blokker
Keyword(s):  
International Organizations ◽  
Legal Status ◽  
English Word ◽  
The Body ◽  
International Organization ◽  
The Core ◽  
The Law ◽  
Core Questions ◽  
The Relationship

AbstractThe law of international organizations is a field of study full of themes with variations. With respect to a number of key chapters in this field, such as the legal status of international organizations, their institutional structure, powers, decision-making and decisions, sanctions, fundamental principles exist or are being developed. These principles or themes have a large number of variations in the rules and practice of individual organizations. Like in music, the variations in themselves may be interesting as such, but they can only be fully appreciated by not losing sight of the theme. Like in music, the themes in themselves may be interesting as such, but they can only be fully appreciated by also listening carefully to the multicoloured variations. This contribution is devoted to a central theme of the law of international organizations: the relationship between an international organization and its members. Already in the early days of existence of international organizations, this topic has given rise to numerous questions. Many of these have now been answered, but sometimes resurface in contemporary variations. In addition there are new questions. It is useful to first explore briefly the meaning of the word "members". The English word "member" and the French "membre" are both derived from the Latin word "membrum", which means "part of the body". This meaning is important because it indicates clearly that members are part of a whole – a fact which takes us straight to one of the core questions addressed in this article. Members of an international organization are not just members, after all – like the members of a bridge club or a gardening club. In most cases, the members of international organizations are states. How then can members of an international organization be members of a whole when in most cases those members are sovereign states, even if the concept of sovereignty of states is no longer as absolute at it used to be? This is one of the major questions within the field of the law of international organizations. In order to examine this question, this contribution is divided into two parts. Section I will concentrate on the role of members vis-à-vis international organizations. In Section II the focus will shift to the whole of which the members are part; this Section will briefly look at some of the questions involved in giving a certain amount of autonomy to this whole.

Economics of International Organizations

2017 ◽  
Author(s):  
Joel P. Trachtman
Keyword(s):  
Decision Making ◽  
Transaction Costs ◽  
International Law ◽  
International Organizations ◽  
Subject Matter ◽  
International Organization ◽  
Legal Rules ◽  
The Core ◽  
Core Questions ◽  
The Relationship

The essence of an international organization is the delegation of decision-making authority from individual states to the organization, representing the collectivity of member states. In simple terms, international organizations are to international law as firms are to contracts: states form international organizations in order to reduce the transaction costs associated with cooperation, as compared to the entry into international legal rules without organizations. The core questions are the same: why are these institutions formed, what powers do they have, and how are they exercised? This chapter analyzes the reasons for the creation of international organizations, as well as the reasons why particular structures of international organizations are utilized. It assesses the relationship among assignment of subject matter authority, legislative capacity, adjudicative capacity, enforcement capacity, and membership. It examines how these features correspond to particular contexts of international cooperation.

scholarly journals Designing for international law: The architecture of international organizations 1922–1952

2020 ◽  
pp. 1-22
Author(s):  
Miriam Bak McKenna
Keyword(s):  
New York ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
International Labour Organization ◽  
The Relationship ◽  
Physical Manifestation ◽  
Insight Into ◽  
Do So

Abstract Situating itself in current debates over the international legal archive, this article delves into the material and conceptual implications of architecture for international law. To do so I trace the architectural developments of international law’s organizational and administrative spaces during the early to mid twentieth century. These architectural endeavours unfolded in three main stages: the years 1922–1926, during which the International Labour Organization (ILO) building, the first building exclusively designed for an international organization was constructed; the years 1927–1937 which saw the great polemic between modernist and classical architects over the building of the Palace of Nations; and the years 1947–1952, with the triumph of modernism, represented by the UN Headquarters in New York. These events provide an illuminating allegorical insight into the physical manifestation, modes of self-expression, and transformation of international law during this era, particularly the relationship between international law and the function and role of international organizations.

International Organizations and Foreign States: Participants in Civil Law Relations in Russia

2004 ◽  
Vol 29 (1) ◽  
pp. 15-34
Author(s):  
Vladimir Kanachevskii
Keyword(s):  
International Organizations ◽  
Legal Status ◽  
Civil Law ◽  
International Organization ◽  
International Treaties ◽  
Legal Personality ◽  
Domestic Legislation ◽  
Characteristic Features ◽  
Domestic Law

AbstractThe author examines the legal status of international organizations and foreign states in trade and commerce in the Russian Federation. The specifi c issues which are touched upon by the author include general problems of the participation of public entities—such as international organizations as legal persons and the immunity of foreign states and international organizations—in civil law relations. The author concludes that domestic legislation should not be considered to be the only source of law for regulating private international relations involving states; practice illustrates that international treaties are also a source of such rules and regulations. Special attention in this article is devoted to characteristic features of the legal personality of international organizations, the sources of law regulating relations in which international organizations participate, the role of domestic law and internal rules of international organization itself, the various aspects of the legal capacity of international organizations as subjects of Russian civil law including agreements involving international organizations, the legal status of their separate divisions, issues relating to the property rights of international organization, and the civil law status of representatives of foreign states attached to international organizations (and their civil servants). The legal base for this research is formed by international treaties, the charters and internal rules of international organizations, and rules of Russian civil legislation as well as decisions of Russian and international judicial bodies. By way of conclusion, the author postulates that it is wise for domestic (and foreign) natural and legal persons, which enter into relations with the international organizations and foreign states, to take into consideration the specifi c nature of the above-mentioned subjects. In practice, this may result in dismissal of a plaintiff 's claim in a RF court where the defendant is an international organization or foreign state. It may thereby be impossible to hold such an organization or state civilly liable (without its consent) for breaching a contractual undertaking.

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

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.

Living with Barren Truths: A Tale of Triumphalism and Tribulations of a Technology

2021 ◽  
pp. 097168582110159
Author(s):  
Sital Mohanty ◽  
Subhasis Sahoo ◽  
Pranay Kumar Swain
Keyword(s):  
Gender Discrimination ◽  
New Technologies ◽  
The Body ◽  
Social Scientists ◽  
Social Fact ◽  
Science Technology ◽  
The Subject ◽  
And Gender ◽  
The Relationship

Science, technology and human values have been the subject of enquiry in the last few years for social scientists and eventually the relationship between science and gender is the subject of an ongoing debate. This is due to the event of globalization which led to the exponential growth of new technologies like assisted reproductive technology (ART). ART, one of the most iconic technological innovations of the twentieth century, has become increasingly a normal social fact of life. Since ART invades multiple human discourses—thereby transforming culture, society and politics—it is important what is sociological about ART as well as what is biological. This article argues in commendation of sociology of technology, which is alert to its democratic potential but does not concurrently conceal the historical and continuing role of technology in legitimizing gender discrimination. The article draws the empirical insights from local articulations (i.e., Odisha state in eastern India) for the understandings of motherhood, freedom and choice, reproductive right and rights over the body to which ART has contributed. Sociologically, the article has been supplemented within the broader perspectives of determinism, compatibilism alongside feminism.

Corporate Social Responsibility and Government: The Role of Discretion for Engagement with Public Policy

2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon
Keyword(s):  
Public Policy ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Integrated Framework ◽  
The Law ◽  
Corporate Social ◽  
Relationship Of ◽  
The Relationship

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.

The Muslim and the Law: A Brunei Experience

2017 ◽  
Vol 3 ◽  
Author(s):  
Zabaidah Haji Kamaludin
Keyword(s):  
Islamic Law ◽  
Critical Factor ◽  
Legal Issues ◽  
Core Element ◽  
The Core ◽  
Ideal System ◽  
The Law ◽  
Islamic Values

An Islamic system of governance is an ideal system, which is a tantalising objective for many Muslims but often times not achieved in practice. Countries may call themselves ‘Islamic’ but the core element of Islamicity, that of values such as compassion, equity and justice may not have breached the consciousness of their leaders and citizens. Sometimes it is individuals who act as the catalyst for sparking action. For a Muslim, it is his īmān that serves to light his conscience, and guiding him the dispensation of his everyday tasks within his organisation. This individualised īmān may at times serve as a small but critical factor tilting the different organisational functions of government towards integrations under an Islamic system of governance. This paper recounts the challenges of a Muslim engaging in legal issues in a non-Islamic context, seeking to help enable his organisation to undertake the role of incorporating non-Islamic law with Islamic values.

THE IMPORTANCE OF THE LAW "ON OPERATIONAL INSPECTION ACTIVITIES" IN THE IMPLEMENTATION OF PREVENTION OF OFFENSES

2021 ◽  
Vol 6 (6) ◽  
pp. 71-78
Author(s):  
Farxod Djurayev ◽  
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Joint Work ◽  
Basic Principles ◽  
The Law ◽  
Causes Of Crime ◽  
Prevention Of Crime

The article is devoted to the prevention of crime, maintenance of public order and early crime prevention, identification and elimination of the causes of crime in each district, family and individual, classification of each district depending on the crime situation in these regions and joint work to attract all forces and means to identify and eliminate the causes of crime, the role of the law "On operational-search activities" in the prevention of offenses, the concept of operational-search activities, the main tasks, basic principles; bodies carrying out operational-search activities, their legal status; types of operational-search measures and their comments regarding the procedure for conducting a search; social and legal protection of law enforcement officers and persons assisting in the conduct of such events, as well as their family members

Updated "state-society contract" as a way to rationalization of national projects in Russia

2021 ◽  
pp. 7-14
Author(s):  
T.I. Grabelnykh ◽  
◽  
N.A. Sablina ◽  
A.N. Parkhomenko
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Russian Society ◽  
Administration System ◽  
Public Control ◽  
The Public ◽  
State And Society ◽  
Conceptual Foundations ◽  
The Relationship

Researched are systemic aspects of the process of implementing national projects in Russia. Attention is focused on effectiveness of solving key problems of development of the public administration system in the context of the relationship between the state and society under modern conditions. The institution of public control in Russia is characterized through prerequisites of formation, organizational and legal status and main functions. The work defines the place and role of the institution of public opinion in the system of public administration and public control, substantiates its regulatory mechanisms, factors and agents of influence. In the aspect of systemic relationship between public administration and public control, the specificity of implementation of national projects in the transforming Russian society is revealed. A sociological vision of the “reset” of conceptual foundations of interrelationships between the public administration system and the institution of public control both at the stage of “entering” the space of national projects and in the process of their implementation is presented. It has been proved, that at the present stage the main integrating factor is consolidation of society through an updated "state-society contract". The analysis of historical and modern practices of public participation made it possible to draw a conclusion about the increase in the function of “co-management” of public control bodies in the interaction of state and public structures.

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