The Contribution of International Organizations to the Formation, Interpretation and Identification of International Law

Multilateral Institutions ◽

Conceptual Clarity ◽

Common Framework ◽

Law Commission ◽

Increased Pressure

In light of increased pressure on multilateral institutions, this article assesses the contribution of international organizations (IOs) to shaping international law. For that purpose, it analyses the recent work of the International Law Commission (ILC) regarding the role of IOs and its reception by States. The article argues that States do not perceive IOs as a relic of bygone times. Instead, the sceptical attitude of some States seems to be based primarily on a lack of conceptual clarity with regard to IO practice. Yet, a changing geopolitical landscape increases the pressure on lawyers to explain firstly, that the relevance of IO practice finds support in international law (and not only in favourable power relations), and secondly, that the law provides means to integrate a more plural international order within a common framework. On that basis, the article sketches possible approaches to four issues which were left open by the ILC.

Functionalism According to Paul Reuter: Playing a Lone Hand

European Journal of International Law ◽

10.1093/ejil/chaa040 ◽

2020 ◽

Vol 31 (2) ◽

pp. 543-564

Author(s):

Evelyne Lagrange

Keyword(s):

International Law ◽

Policy Makers ◽

Public International Law ◽

Respective Role ◽

Abstract The true designer of the High Authority of the European Coal and Steel Community (ECSC) might have been a French professor of international law, Paul Reuter (1911–1990). Then working in the shadow of Jean Monnet, he became one of the leading experts in public international law in France from the late 1950s on and also served on the International Law Commission. It was not his style to develop a fully-fledged theory of functionalism, but he paid the utmost attention to the ‘functions’ of international organizations. While demonstrating a certain reluctance towards some consequences associated with functionalism, he expressed no disdain for a lite version of ‘constitutionalism’. Discretely, Reuter outlined a balancing between ‘functionalism’ and ‘constitutionalism’. He more insistently elaborated on the respective role of experts and policy-makers.

The Role of Treaties in Pursuing the Objectives of the UN Charter

The Oxford Handbook of United Nations Treaties ◽

10.1093/law/9780190947842.003.0005 ◽

2019 ◽

pp. 68-86

Author(s):

Christian J. Tams

Keyword(s):

United Nations ◽

International Law ◽

Legal Order ◽

Master Plan ◽

Binding Mechanisms ◽

Treaties are a central building block of the United Nations legal order. They have particular significance for the objectives set out in the UN Charter: these need to be implemented and effectuated, and treaties concretizing the Charter’s broad objectives can help achieve that aim. The Charter text, perhaps surprisingly, does not reflect this adequately. Unlike constituent documents of other international organizations, the Charter formulates no master plan for the UN’s use of treaties, and only occasionally mentions treaties explicitly. Its guidance is primarily indirect: some Charter objectives are formulated in such vague terms that without follow-up action, including follow-up action that takes the form of treaties, they would be meaningless. The drafter’s surprising caution means that the role of treaties in pursuing UN objectives is primarily shaped by practice rather than the Charter text. In the seven decades since the UN’s establishment, treaties—prepared in highly diverse processes, including by the International Law Commission (ILC) and within specialized agencies—have sprawled. In the absence of a Charter master plan, they have grown to cover large parts of the continent of international law. A sole focus on the gigantic network of treaties, however, risks overlooking the fact that more often than not, member states and UN organs prefer other means of pursuing Charter objectives (resolutions, statements, and other non-binding mechanisms). The landscape of treaties is as uneven as it is diverse.

2018 AIIB Law Lecture: International Organizations in the Recent Work of the International Law Commission

International Organizations and the Promotion of Effective Dispute Resolution ◽

10.1163/9789004407411_015 ◽

2019 ◽

pp. 225-242

Keyword(s):

International Law ◽

Recent Work ◽

The Fifty-Sixth Session of the International Law Commission

The American Journal of International Law ◽

10.2307/3246099 ◽

2005 ◽

Vol 99 (1) ◽

pp. 211-221 ◽

Cited By ~ 2

Author(s):

Michael J. Matheson

Keyword(s):

International Law ◽

Armed Conflict ◽

Diplomatic Protection ◽

Sixth Session ◽

International Liability ◽

Fragmentation Of International Law ◽

The International Law Commission held its fifty-sixdi session in Geneva from May 3 to June 4, and from July 5 to August 6, 2004, under the chairmanship of Teodor Melescanu of Romania. The Commission completed its first reading of draft principles on international liability for transboundary harm and draft articles on diplomatic protection, which have now been submitted for comment by states with a view to their completion in 2006. The Commission also continued its work on reservations to treaties, responsibility of international organizations, unilateral acts of states, fragmentation of international law, and shared natural resources. In addition, the Commission decided to start work next year on the effect of armed conflict on treaties and the expulsion of aliens, and to recommend adding a new topic—the obligation to prosecute or extradite—to its long-term program. The following is a summary of where each topic stands and what issues are likely to be most prominent at the Commission's 2005 session.

The Work of the International Law Commission, 2007–2011: Progress and Prospects

The American Journal of International Law ◽

10.5305/amerjintelaw.106.2.0322 ◽

2012 ◽

Vol 106 (2) ◽

pp. 322-340 ◽

Cited By ~ 3

Author(s):

Donald McRae

Keyword(s):

International Law ◽

Armed Conflicts ◽

General Assembly ◽

Un General Assembly ◽

The Law ◽

Transboundary Aquifers ◽

Law Commission ◽

The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

Customary International Law

10.4337/9781788118910 ◽

2021 ◽

Author(s):

Pierre-Marie Dupuy ◽

Keyword(s):

General Practice ◽

International Law ◽

Complex Relationship ◽

Customary International Law ◽

Progressive Development ◽

The World ◽

International custom “as evidence of a general practice accepted as law”, is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.

Immunity of International Organizations: The Work of the International Law Commission

Immunity of International Organizations ◽

10.1163/9789004296060_003 ◽

2015 ◽

pp. 18-28

Keyword(s):

International Law ◽

Member States’ Due Diligence Obligations to Supervise International Organisations

Due Diligence in the International Legal Order ◽

10.1093/oso/9780198869900.003.0004 ◽

2020 ◽

pp. 59-74

Author(s):

Kristina Daugirdas

Keyword(s):

International Law ◽

Third Parties ◽

Due Diligence ◽

International Organisations ◽

Member States ◽

Distinct Category ◽

Private Actors ◽

There are two reasons to consider member states’ obligations to supervise international organisations as a distinct category of due diligence obligations. First, due diligence obligations typically require states to regulate third parties in some way. But it is harder for states to regulate international organisations than other private actors because international law protects the autonomy of international organisations. Second, such due diligence obligations merit attention because they may compensate for the dearth of mechanisms to hold international organisations accountable when they cause harm. This chapter canvasses member states’ existing obligations vis-à-vis international organisations, and argues in particular that the International Law Commission (ILC) missed an opportunity to frame broader obligations when drafting the Articles on the Responsibility of International Organizations (the ARIO). The chapter closes by making the normative case for establishing a due diligence obligation on member states to ensure that international organisations do not abuse their immunities.

International Responsibility

The Concept of an International Organization in International Law ◽

10.1093/oso/9780192895790.003.0011 ◽

2021 ◽

pp. 176-207

Author(s):

Lorenzo Gasbarri

Keyword(s):

International Law ◽

International Organization ◽

Member States ◽

Legal Nature ◽

International Responsibility ◽

Final Consequence ◽

The final consequence of the dual legal nature discussed in the book concerns the international responsibility of international organizations. In particular, this chapter describes how the absence of a common conceptualization affected the work of the International Law Commission, the International Law Institute, and the International Law Association. Afterwards, the chapter focuses on the dual attribution of conduct to an international organization and to its member states. It contends that dual attribution is extremely important in practice and it reviews the cases in which it was at issue. After providing a set of principles on how to apply the dual attribution, it distinguishes between three sets of circumstances: dual attribution via institutional links, dual attribution via factual links, and exclusion of dual attribution when the conduct is attributable to only the organization or its member states. Finally, it discusses the effects of dual attribution in terms of joint responsibility.

The Fortieth Session of the International Law Commission

The American Journal of International Law ◽

10.2307/2202801 ◽

1989 ◽

Vol 83 (1) ◽

pp. 153-171 ◽

Cited By ~ 1

Author(s):

Stephen C. Mccaffrey

Keyword(s):

United Nations ◽

International Law ◽

State Responsibility ◽

Draft Code ◽

Peace And Security ◽

The Status ◽

International Liability ◽

The International Law Commission of the United Nations held its 40th session from May 9 to July 29, 1988, under the Chairmanship of Ambassador Leonardo Díaz-González. The Commission adopted 6 articles of the Draft Code of Crimes against the Peace and Security of Mankind and 14 articles on the law of non-navigational uses of international watercourses. Substantial time was devoted to both international liability for injurious consequences arising out of acts not prohibited by international law and the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Reports on jurisdictional immunities of states and their property and state responsibility were introduced by the special rapporteurs for those topics but were not discussed by the Commission owing to lack of time. The remaining substantive item on the Commission’s agenda, relations between states and international organizations (second part of the topic), was not considered at this session. Finally, the Commission once again devoted substantial time to reviewing its procedures and methods of work.