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 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.

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.

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.

The Court, The Charter and The Secretariat: Recent Rooks on International Organization

1953 ◽  
Vol 7 (1) ◽  
pp. 35-46
Author(s):  
Bryce Wood
Keyword(s):  
United Nations ◽  
International Organization ◽  
Present Review ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Legal Questions ◽  
International Court ◽  
Four Books ◽  
Points Of View

The four books under consideration in the present review fall readily into two groups. The first two deal with various legal questions relating to the Charter of the United Nations and the Statute of the International Court of Justice. The others share a concern about the role of an interi national secretariat, although their points of view are quite different.

The Changing Role of the International Court

1985 ◽  
Vol 20 (2-3) ◽  
pp. 182-205 ◽  
Author(s):  
Shabtai Rosenne
Keyword(s):  
Western Europe ◽  
League Of Nations ◽  
International Justice ◽  
Russian Revolution ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
History Of ◽  
Changing Role

En s'efforçant, au lendemain de la guerre [1914 – 1918], de poser les bases d'une société de peuples régie par le droit, les fondateurs de cette communauté internationale nouvelle se rendaient pleinement compte qu'il ne saurait y avoir une société organisée sans un pouvoir judiciaire chargé de veiller, en dehors de toute préoccupation de politique et de force, à la stricte observation du droit. C'est dans cette conviction qu'ils ont prévu, dès l'origine, la création de la Cour permanente de Justice internationale.Feinberg in 1931Reviewing the history of the Permanent Court of International Justice and of the International Court of Justice from 1922—the World Court, a convenient but possibly misleading expression which embraces both the Permanent Court from 1922 to 1945 and the present International Court of Justice established as an integral part of the United Nations since—four clearly separated periods can be discerned. They run from 1922 to 1931, 1932 to 1940, 1946 to 1966, and from 1967 onwards.The establishment of the League of Nations and the Permanent Court after a cataclysmic war in Europe and the awe-inspiring Russian Revolution released a wave of euphoria upon the exhausted and war-weary peoples of what is now known as Western Europe, and they placed great hopes in the new League and Court.

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