Consolidating the International Legal Personality of the osce

2017 ◽  
Vol 14 (2) ◽  
pp. 403-413 ◽  
Author(s):  
Helmut Tichy ◽  
Catherine Quidenus
Keyword(s):  
International Law ◽  
Legal Status ◽  
International Organisations ◽  
Customary International Law ◽  
Legal Personality ◽  
History Of ◽  
International Legal Personality

On 14 June 2017, a Headquarters Agreement between Austria and the Organization for Security and Co-operation in Europe (‘osce’) was signed. This is remarkable in that the osce, unlike other international organisations, lacks a generally acknowledged international legal status. This View from Practice charts the history of the multilateral efforts to grant a clear legal status to the osce, the recognition by Austria that it considers the osce as having obtained international legal personality on the basis of customary international law by offering to conclude a Headquarters Agreement, and the contents of this Agreement.

scholarly journals International Legal Subjectivity: Concept and Reality in the UN

2014 ◽  
Vol 4 (1) ◽  
pp. 381
Author(s):  
MSc. Ornela Taci
Keyword(s):  
United Nations ◽  
International Law ◽  
Qualitative Methodology ◽  
Legal Status ◽  
Legal Personality ◽  
Legal Subjectivity ◽  
Un Reform ◽  
Legal Nature ◽  
Open Debate ◽  
International Legal Personality

The article titled “International legal subjectivity: Concept and reality in the UN” the first, identifies debates on subjects of International Law briefly. The identification of debates serves to deal the creation of UNO (United Nations). Then, the article treates a brief historical overview on the functions of the UN since its creation until today to analyze international legal personality and its legal nature opposite functions that are dampened and transnational capabilities, the UN priority today. Also, it gives the reasons why the debate on UN reform should remain open.The aim of this study is to examine from the perspective of a qualitative methodology the characteristics of the legal status of the UN in space and in time to create a model based on Charter and on the real exercise of its functions but not according to denomination. The theories on international legal personality, the distribution of the United Nations and the consequences are not treated for this reason in this study. Also, historical and legal methods are used.The legal status of UNO is a tool to fulfil mission in approach of action of International Law, the challenge of the debate today. UNO was established in 1945 and acts are based on its Charter and international documents. The UN mission has changed today but the International Order is not in danger because the target of the UN is its renewal through reforms. The open debate on reform gives a contribution on evolution of International Law.

scholarly journals Multinational (Transnational) Companies as Subjects of Public International Law // Multinacionalne (transnacionalne) kompanije kao subjekti međunarodnog javnog prava

2017 ◽  
Vol 7 (7) ◽  
pp. 110
Author(s):  
Boris Krivokapić
Keyword(s):  
International Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Multinational Companies ◽  
Legal Capacity ◽  
Legal Personality ◽  
Transnational Companies ◽  
The One ◽  
International Legal Personality

The paper deals with international legal status of multinational (transnational) companies. The first part gives an overview of this entities and the specifics of their role in the modern world.In the second part, the author deals with the elements of international legal personality of multinational (transnational) companies. Such as international legal regulation of the position of these entities, their specific rights and obligations under international law, international responsibility, process subjectivity before certain international judicial bodies and the special relationship (partnership) with international organizations. It should be added that not only that international law acknowledges their existence, but also multinational companies themselves at least in part influence the development of that law.In the concluding remarks the author notes that multinational (transnational) companies do not have all the elements of a full international personality, the one that is inherent to states. However, even if not complete their personality is beyond doubt. Although between them, depending on the case, there are major differences, there is no dispute that, from the perspective of international law, at least some multinational companies have the legal capacity (the ability to be the holder of a larger or smaller circle of rights and obligations established by international law), legal capacity (the ability to conclude international agreements, create international custom, etc.), tort capacity (the ability to provide for the legal bears responsibility for violating the norms of international law), process capability (active and passive legitimacy before some international courts), etc. In all likelihood, along with the expected further strengthening of the economic, but also political and every other power and role of the companies themselves, their international personality will also become more and more developed, At one point this will require global (universal) agreement which would precisely define rights, but, in particular, the duties and responsibilities of these entities.

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.

scholarly journals TO THE QUESTIONS OF INTERNATIONAL LEGALITY OF LOCAL COMMUNITY IN THE INTERNATIONAL LEGAL ECONOMIC RELATIONS

2019 ◽  
Vol 2 (42) ◽  
pp. 35-61
Author(s):  
Nataliya Yakymchuk ◽  
Ganna Vlasova ◽  
Oksana Vaitsekhovska ◽  
Petro Tsymbal ◽  
Yuliia Baliuk
Keyword(s):  
International Law ◽  
Economic Activity ◽  
Legal Status ◽  
Economic Globalization ◽  
Intergovernmental Organizations ◽  
Legal Personality ◽  
Economic Relations ◽  
Foreign Countries ◽  
International Legal Personality ◽  
Legal Entities

The article is devoted to the issue of international legal personality of cities as subnational persons. The rapid urbanization of cities, modern processes of decentralization of power in the countries and the growth of economic globalization in the world have led to an increase in the autonomy of subnational individuals (especially such their kind as cities). The sphere of greatest manifestation of such independence is economic, within which, cities are increasingly entering into foreign economic relations not only with foreign legal entities, but also with international intergovernmental organizations and governments of foreign countries when solving economic and economic issues of local level. The rapid growth and such foreign economic activity, the legal basis of which, as a rule, are international treaties between the countries, has caused ambiguous understanding of the legal status of subnational persons and highly actualized the research of this problem in the context of determining their international legal personality. The article analyzes the doctrinal approaches to the concept of "subject of international law" and the criteria for their separation from other legal entities participating in relations with a foreign element. The basic international documents and normative legal acts of foreign countries that regulate the legal status of territorial communities of cities as subjects of local self-government and give the rights to enter into a contractual relationship on their own and in a responsible manner in a transboundary context are investigated. Exploring the forms of urban cooperation at the regional and universal levels, the following forms of networking of cities as infrastructures, which are factors of international legal regulation (aimed at economic solidarity) and political ones, in which cities often act as agents of international intergovernmental organizations, are distinguished. Based on the analysis of international documents and national legal acts regulating the legal status of subnational persons and their relations with subjects of international law, as well as domestic and foreign doctrines of international legal personality, a scientific approach to the status of cities in economic relations with a foreign element is formulated. Cities are defined as complementary (substantive) subjects of international legal relations with a special international legal personality: in the formally-legal plane they are granted the rights in foreign economic activity by the legal norms of the national law, which these relations are regulated; similarly to the states, cities (like other subnationals) are representatives of the public interest of the communities of cities; in the economic-practical plane act as independent subjects of economic relations of an international character. Illustrated signs of the rapid development of "city diplomacy", which, on the background of decentralization of authorities to territorial communities and economic globalization, led to the expansion of the scope of international legal personality in the practice of foreign economic relations and caused a gradual change in their international legal personality in international acts.

Responsibility of the WTO for Breach of an International Obligation under the Draft Articles on Responsibility of International Organizations

2013 ◽  
Vol 50 ◽  
pp. 197-242
Author(s):  
Noemi Gal-Or
Keyword(s):  
International Law ◽  
International Organizations ◽  
World Trade ◽  
International Organization ◽  
Legal Personality ◽  
International Obligation ◽  
The World ◽  
History Of ◽  
International Responsibility ◽  
International Legal Personality

SummaryThis article challenges the argument that the World Trade Organization (WTO) is devoid of executive or governing functions and, hence, immune from the regime set out in the International Law Commission’s 2011 Draft Articles on the Responsibility of International Organizations (RIO). A brief drafting history of the RIO, clarification of the terminology associated with matters of international responsibility, and two hypothetical examples illustrating the potential for WTO responsibility set the stage for the article’s main argument. The author examines the WTO’s nature by analyzing its constituent law, its sui generis mandate and functions, its international legal personality, and its own use of terminology in presenting itself to the world. Critical analysis of RIO Articles 64 (on lex specialis) and 10 (on the existence of a breach of an international obligation), and their application to the WTO, completes the argument. The author thus refutes both the notions that (1) the WTO is exclusively member driven and, hence, not an executive, governing organization but a sui generis entity and (2) the WTO is therefore unable to breach an international obligation and thus immune from the RIO regime. The article concludes that, while a breach by the WTO of an international obligation may be exceedingly rare, it nonetheless — as any international organization — comes within the ambit of the RIO regime. The WTO should therefore consider adjusting its internal rules accordingly.

The International Court of Justice and International Organisations

2007 ◽  
Vol 9 (2) ◽  
pp. 181-186 ◽  
Author(s):  
Catherine Brölmann
Keyword(s):  
International Law ◽  
Case Law ◽  
Legal Framework ◽  
International Organisations ◽  
International Court Of Justice ◽  
Legal Personality ◽  
International Court ◽  
The Icj ◽  
International Legal Personality ◽  
Intergovernmental Organisations

AbstractThis vignette deals with the position of international intergovernmental organisations as non-state actors. In the case law of the ICJ the independent identity of international organisations is addressed in the formal terms of international legal personality. Such personality is undisputed in international practice: for example, international organisations not only have the capacity to conclude treaties but also, although the legal framework is not entirely settled yet, to bear international responsibility for violations of international law. The ICJ arguably has had a central role in the conceptualisation of organisations as independent actors in international law: with the 1949 Reparation Opinion intergovernmental organisations essentially received at one stroke the paraphernalia required by an international legal actor. The framework proposed by the Court was widely adopted to match developing practice and, although organisations figure in the majority of cases subsequently brought before the ICJ, it was considered and to some extent refined only in the 1996 Legality of the Use by a State of Nuclear Weapons in Armed Conflict Opinion.

Eurasian Economic Union: Borders Extension and Legal Reality

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0 ◽  
Author(s):  
Анна Каширкина ◽  
Anna Kashirkina
Keyword(s):  
International Relations ◽  
International Law ◽  
Kyrgyz Republic ◽  
International Organisations ◽  
Legal Personality ◽  
Trade Relations ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Republic ◽  
International Legal Personality

Eurasian integration and the functioning of the Eurasian Economic Union are important parameters for the development of the modern practices of international organizations and associations. The study of the features of the ways of the Eurasian integration is necessary to determine further ways of improvement of the Eurasian Economic Union and efficiency upgrading of it. The article focuses on the scientific problems of possible growth and expansion of the Eurasian Economic Union. The author shows different possible ways of such movement and growth. Extensive way of growth should be seen in the enlargement of the member-states of the Eurasian Economic Union. In this case it should be noted that during two years of functioning of the Eurasian Economic Union, established by of three States — Russia, Belarus and Kazakhstan, have joined the Republic of Armenia and the Kyrgyz Republic. Another way is increasing and intensification, i.e. intensification of international relations of the Eurasian Economic Union with different subjects of international law, primarily States and international organisations as SCO, ASEAN, European Union. It must be accented the entry of the Eurasian economic Union into the international stage of foreign trade relations with Vietnam and Serbia. In the forecast is conclusion of treaties with China, Israel, Mongolia and South Korea. In such relationships the Eurasian Economic Union will be able to implement its international legal personality, which is stipulated by the Agreement on the Eurasian Economic Union.

Evaluative Framework: Legal Personality under International Law

2017 ◽  
Author(s):  
Katharine Fortin
Keyword(s):  
International Law ◽  
Armed Groups ◽  
Historical Account ◽  
Legal Personality ◽  
International Legal Personality

This chapter presents and explains the evaluative framework that the study employs when analysing armed groups and legal personality. In doing so, the chapter provides a short historical account of the manner in which international legal personality has been understood and theorized and explains how the evaluative framework will be utilized in the subsequent chapters.

Conclusion

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
International Norms ◽  
Individual Rights ◽  
A Posteriori ◽  
Legal Personality ◽  
International Legal Personality

Chapter 9 reiterates and reflects on the overall conclusions of the previous chapters: (1) that positive international law has consistently supported Kelsen’s ‘a posteriori’ conception of international legal personality; (2) that, consequently, the international legal personality of any entity is solely a matter of (presumption-free) interpretation of international norms; and (3) that we must abandon both the widespread presumption against direct individual rights and obligations (in accordance with the ‘modified States-only’ conception of international legal personality) and the use of the orthodox ‘States-only’ conception of international legal personality as means to distinguish between international law and national law.

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