The Relations between the International Court of Justice and International Organizations

1950 ◽  
Vol 3 (3) ◽  
pp. 326
Author(s):  
Edvard Hambro
Keyword(s):  
International Organizations ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court

Sources of International Organizations’ Law

2018 ◽  
Author(s):  
Jan Klabbers
Keyword(s):  
International Law ◽  
International Organizations ◽  
Administrative Law ◽  
Legal Obligation ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Law

This chapter reflects on the uncertainties regarding the question of why international organizations would be bound by international law. It places these uncertainties in the broader framework of a vague and ill-defined ‘turn to accountability’. As the chapter shows, international organizations are often held to account for wrongdoing without it being clear whether they have also violated an international legal obligation resting upon them. The chapter then discusses in some detail the 1980 WHO–Egypt advisory opinion of the International Court of Justice (ICJ) regarding whether the WHO could close their Alexandria office and move it to Jordan. Afterwards, the chapter reviews several recent attempts to overcome the ‘basis of obligation’ problem in the law of international organizations, such as the putative constitutionalization of international law or international organizations, the adoption of accountability models, and the emergence of Global Administrative Law.

Individuals in Advisory Proceedings Before the International Court of Justice: Equality of the Parties and the Court’s Discretionary Authority

2012 ◽  
Vol 11 (2) ◽  
pp. 253-279 ◽  
Author(s):  
Eric De Brabandere
Keyword(s):  
International Organizations ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Review Procedure ◽  
The Icj ◽  
Obvious Inequality ◽  
Standing Question

Abstract The recent IFAD Advisory Opinion of the ICJ has resuscitated the long-standing question of the access of individuals to the Court in advisory proceedings when the Court is acting as a ‘review’ body for judgements rendered by administrative tribunals of international organizations. Under such circumstance, the ICJ is confronted with the existence of an actual underlying dispute between two parties, although only one of the parties to the original dispute may appear before the Court, thus creating an obvious inequality before the Court. This article examines the review procedure before the ICJ, and the position of the individuals before the ICJ in such proceedings. In particular, this article discusses the different inequalities resulting from such procedures, and how the ICJ has remedied these in order not to use its discretion to not reply to the request for an advisory opinion.

scholarly journals Assessing the Role of Resolutions in the ilc Draft Conclusions on Identification of Customary International Law

2017 ◽  
Vol 14 (2) ◽  
pp. 227-253 ◽  
Author(s):  
Rossana Deplano, PhD
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
State Practice ◽  
International Law Commission

On 30 May 2016, the International Law Commission (‘ilc’) adopted a set of 16 Draft Conclusions providing a methodology on how to identify customary international law. Although largely based on the two elements approach set forth in article 38(1)(b) of the Statute of the International Court of Justice, the ilc study pushes the boundaries of the formal sources of international law beyond the realm of state practice by recognising that the practice of international organizations (‘ios’) as such may be constitutive of custom. This article critically examines the ilc Draft Conclusions concerning the role of ios in the process of custom creation. It examines the concept of resolution adopted by the ilc and assesses the coherence of the interpretive methodology devised by the ilc using the un General Assembly resolutions as a case study. The findings show that the Draft Conclusions fall short of expectation in providing authoritative guidance to scholars and practitioners alike.

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.

The Procedure Before the International Tribunal for the Law of the Sea; The Rules of the Tribunal and Related Documents

1998 ◽  
Vol 11 (3) ◽  
pp. 565-594 ◽  
Author(s):  
Tullio Treves
Keyword(s):  
International Organizations ◽  
Law Of The Sea ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Time Limits ◽  
Judicial Practice ◽  
Court Of Justice ◽  
International Court ◽  
The Law

The Rules of the International Tribunal for the Law of the Sea, adopted in October 1997 (together with the Resolution on Internal Judicial Practice and the Guidelines Concerning the Preparation and Presentation of Cases Before the Tribunal) follows the model of the Rules of the International Court of Justice with rather relevant differences. Some of these differences depend on the need of more expeditious and less expensive proceedings: in particular, the provisions introducing time limits and those in the Resolution on Internal Judicial Practice which eliminate in most cases the requirement of Notes by each judge. Others depend on the specific characteristics of the jurisdiction of the Tribunal. These include the provisions on intervention, on preliminary objections and proceedings, on provisional measures, on prompt release of vessels and crews, and on activities in the international seabed Area. In this category can also be included the provisions on the participation in proceedings by international organizations and natural and juridical persons.

scholarly journals The Use of PMSCs by the United Nations in Times of Armed Conflict, Application of IHL and Responsibility Matters

2017 ◽  
Author(s):  
Javier Gamarro González
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Peace Operations ◽  
Humanitarian Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations

The companies dealing with military and security matters are on the rise, and today they provide services to a very wide client list, which includes states and international organizations (IOs). It is well known that these companies have been deployed in a large number of armed conflicts, and indeed, some of them have become prominent in the sector not only for their military results but also for their abuses of international humanitarian law and human rights. Surprisingly, it is lesser known that the United Nations (UN) has also had recourse to private military and security companies in the context of United Nations military operations with regard to the maintenance of international peace and security.The engagement of private military security companies in UN peace operations entails multiple legal questions. This dissertation is especially intended to shed some light over the extent to which PMSCs deployment in UN peace operations is compatible with international humanitarian law and how the law of institutional responsibility deals with the violations of international humanitarian law committed by such companies when providing services to the UN. For that purpose and to that extent due recourse has been made to the most relevant international law sources on the matter, such as the Geneva Conventions, their Additional Protocols, and other relevant instruments such as the ILC Articles on State and IO responsibility, and the Montreux Document. Jus cogens and international custom, including the practice of international organizations and states, and opinion juris as ascertained by legal scholars and the International Court of Justice, play an essential role in this dissertation, since the United Nations has not become yet a party to any IHL treaty, thus employing an inductive methodology. A comparative approach was adopted in regard to the observations of the most eminent institutions and jurists, and domestic and international courts, including the International Court of Justice and the European Court of Human Rights for the purpose of ascertaining the different rules of attribution of conduct existing in international law. Besides, certain decisions of the latter Court were analysed in order to clarify by analogy whether the application of international humanitarian law and the imputation of acts can function under the same degree of control test.

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.

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