THE PRACTICE OF APPLYING THE REGULATIONS OF THE SUSPENSION OF RIGHTS OF A MEMBER STATE SHOWED ON THE EXAMPLE OF SELECTED INTERNATIONAL ORGANIZATIONS

2020 ◽  
Vol 7 (1) ◽  
pp. 375-392
Author(s):  
Sabina Kubas
Keyword(s):  
Member State ◽  
International Organizations ◽  
Voting Rights ◽  
International Organization ◽  
Practical Application ◽  
Regional Organizations ◽  
The Right

The suspension of rights in an international organization constitutes a sanction imposed on a Member State for its conduct contrary to the founding act. Each organization in its statutory provisions defines these behaviors, sometimes in a general way, otherwise - in more detail. It should be emphasized, however, that practical application of the regulations in both universal and regional organizations is helpful in this case. The consequence of initiating the suspension procedure is maintaining the current membership in the same form or introducing restrictions in this respect. These, in turn, may relate to the loss of voting rights, which can only apply to the organization's plenary body (e.g. the UN) or all main bodies, committees, commissions and subsidiary bodies (e.g. UNESCO). Suspension of rights may also apply to the right to services (WHO) or the right of representation (RE). It should also be borne in mind that suspension of rights applies only to some of them and lasts for a certain period.

Responsibility of a Member state of an International Organization: Where Will It End? Comments on Article 60 of the ILC Draft on the Responsibility of International Organizations

2010 ◽  
Vol 7 (1) ◽  
pp. 49-61 ◽  
Author(s):  
Esa Paasivirta
Keyword(s):  
Member State ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Individual Member ◽  
Individual Member State ◽  
General Rules ◽  
The Right ◽  
International Law Commission ◽  
The Eu

AbstractThe paper addresses the issue of possible responsibility of a member state for acts of an international organization of which it is a member. This particular issue forms part of the on-going work of the International Law Commission of establishing rules for the responsibility of international organizations. The particular challenge is posed by possible “responsibility gaps”, i.e. situations where a state might avoid compliance with its own obligations by prompting the organization of which it is a member to act instead. The paper compares the ILC approach, approaching the issue by way of trying to establish general rules of responsibility (“secondary rules”) and the practice of the EU, which has addressed the issue by tailor-made solutions in the context of specific treaties (“primary rules”). The latter approach is more flexible as it allows individual solutions pertinent to particular circumstances and treaty regimes so as to ensure that either the organization itself or its member state is responsible, depending whichever is genuinely responsible. The paper concludes that the ILC work is progressing in the right direction as it narrows down the possibilities where a member state can be held responsible to cover only situations bordering abuse, rather than more open-ended standards for individual member state responsibility, which can open the door for unpredictable results.

scholarly journals The Right, Procedures and Reasons of the Withdrawal of States from International Organizations

SEEU Review ◽  
2019 ◽  
Vol 14 (2) ◽  
pp. 62-77
Author(s):  
Viona Rashica
Keyword(s):  
Qualitative Methods ◽  
Member State ◽  
International Organizations ◽  
International Organization ◽  
Valuable Data ◽  
The Real ◽  
The Will ◽  
The Right ◽  
Right Of Withdrawal

AbstractWithdrawal is an act by which a member state of an international organization willingly terminates its membership. The right to withdraw from international organizations is explicitly mentioned in the constitutions of most of them and the circumstances regarding to the right of withdrawal vary depending on the organization. The purpose of this paper is to explain the right and procedures of withdrawal, and the reasons that result with the will of states to withdraw from international organizations. For the realization of this research are used qualitative methods, based on the bibliography that is related to international organizations, with special emphasis with the right and procedures of the withdrawal of states from international organizations. Furthermore, some informations are also collected from the credible internet sources, which have valuable data about the withdrawals of states from international organizations and the reasons that result with such decisions. The results of the research have shown that since the appearance of international organizations until today, there were and there are decisions of states to withdraw from international organizations, coming from the reluctance of states to hand over to international organizations parts of their sovereignty. The conclusions of this paper aim to increase knowledge about the real meaning of the processes of withdrawals of states from international organizations.

Piercing the Corporate Veil: The Responsibility of Member states of an International Organization

2011 ◽  
Vol 8 (2) ◽  
pp. 291-347 ◽  
Author(s):  
Odette Murray
Keyword(s):  
Decision Making ◽  
Member State ◽  
International Law ◽  
International Organizations ◽  
Good Faith ◽  
International Organization ◽  
Member States ◽  
Draft Article ◽  
Legal Limit ◽  
Primary Rule

AbstractThis paper applies two manifestations of the principle of good faith – pacta sunt servanda and the doctrine of abuse of rights – to the complex relationship between member states and international organizations. The paper argues that these existing doctrines operate as a legal limit on the conduct of states when creating, controlling and functioning within international organizations. The paper begins by exploring an innovative provision in the International Law Commission's recently finalised Draft Articles on the Responsibility of International Organisations – Draft Article 61 – according to which a member state will bear international responsibility for the act of an international organization where the member state uses the organization to circumvent its own international obligations. Examining the development of Draft Article 61 and the jurisprudence upon which it is based, this paper argues that the principle which the Commission in fact seeks to articulate in Draft Article 61 is that of good faith in the performance of treaties. As such, being based on a primary rule of international law, this paper queries whether Draft Article 61 belongs in a set of secondary rules. The paper then considers the role of states in the decision-making organs of international organizations and argues that the widely held presumption against member state responsibility for participation in decision-making organs can and should be displaced in certain cases, in recognition of the various voting mechanisms in international organizations and the varied power which certain states may wield. The paper argues that the doctrine of abuse of rights operates as a fundamental legal limit on the exercise of a member state's voting discretion, and thereby forms a complementary primary obligation placed on states in the context of their participation in international organizations.

7 Immunity, 7.6 Prewitt Enterprises, Inc. v Org. of Petroleum Exporting Countries , 353 F.3d 916 (11th Cir. 2003)

2016 ◽  
Author(s):  
Boon Kristen
Keyword(s):  
United States ◽  
Member State ◽  
International Organizations ◽  
The United States ◽  
Civil Procedure ◽  
International Organization ◽  
Domestic Court ◽  
Court Of Appeals ◽  
Foreign Law ◽  
Effective Service

This case addresses effective service of process of an international organization by a non-member state. The United States Court of Appeals for the Eleventh Circuit relied upon the Federal Rules of Civil Procedure (FRCP) because the Organization of Petroleum Exporting Countries (OPEC) did not fall within the purview of the International Organizations Immunities Act (IOIA) and no other applicable treaty existed regarding the treatment of the OPEC in a United States domestic court. The decision’s reliance upon FRCP and application of foreign law resulted in the inability of the plaintiffs to bring a claim against the OPEC without its express consent.

Creating Space for Public Administration in International Organization Studies

2019 ◽  
Vol 50 (3) ◽  
pp. 227-243 ◽  
Author(s):  
Kim Moloney ◽  
David H. Rosenbloom
Keyword(s):  
Public Administration ◽  
Global Governance ◽  
International Organizations ◽  
Due Process ◽  
International Organization ◽  
Representative Bureaucracy ◽  
Modern State ◽  
Organization Studies ◽  
Regional Organizations ◽  
Administrative Theory

The emergent global administrative order includes more than 800 international and regional organizations. Just as the rise of the modern state placed greater importance on the study of public administration, the growth of multistate organizations, their agendas, and personnel require research that draws upon contemporary and classical public administrative thought. This article employs multiple lenses to explore the utility of public administrative theory and empirically based knowledge in analyzing the behavior of international and regional organizations. Specifically, while remaining cognizant of differences between international organizations and sovereign states, we consider the utility of the politics–administration dichotomy, representative bureaucracy, individual and employee due process and other rights, and broader questions of accountability in understanding the administrative life and influence of international organizations in global governance.

Litigating Member State Responsibility

2015 ◽  
Vol 12 (2) ◽  
pp. 468-483 ◽  
Author(s):  
Paolo Palchetti
Keyword(s):  
Member State ◽  
Present Article ◽  
International Organizations ◽  
International Organization ◽  
Third Party ◽  
State Responsibility ◽  
International Tribunal ◽  
Member States

It is not rare that, in a dispute brought before an international tribunal against a member State of an organization, that State, by relying on the Monetary Gold principle, asks the tribunal to refrain from exercising its jurisdiction, arguing that this would lead to determining the responsibility of the organization. Such an objection raises the question of whether the Monetary Gold principle, which so far has been applied in cases when the absent third party was a State, also applies to absent organizations. The present article intends to study the question of the applicability of the Monetary Gold principle in relation to situations in which member States can be held responsible for the conduct of the organization. While in principle there are situations in which the determination of the responsibility of the organization appears to be a precondition to the determination of the responsibility of the member State, the fact that an international tribunal does not have jurisdiction over international organizations should lead one to exclude that the Monetary Gold principle applies at all to situations in which the absent third party is an international organization.

Causal mechanisms in civil war mediation: Evidence from Syria

2019 ◽  
Vol 26 (1) ◽  
pp. 209-235
Author(s):  
Magnus Lundgren
Keyword(s):  
Civil War ◽  
United Nations ◽  
Member State ◽  
International Organizations ◽  
Intervention Strategies ◽  
International Organization ◽  
Institutional Characteristics ◽  
Causal Pathways ◽  
Arab League ◽  
The United Nations

Studies of conflict management by international organizations have demonstrated correlations between institutional characteristics and outcomes, but questions remain as to whether these correlations have causal properties. To examine how institutional characteristics condition the nature of international organization interventions, I examine mediation and ceasefire monitoring by the Arab League and the United Nations during the first phase of the Syrian civil war (2011–2012). Using micro-evidence sourced from unique interview material, day-to-day fatality statistics, and international organization documentation, I detail causal pathways from organizational characteristics, via intervention strategies, to intervention outcomes. I find that both international organizations relied on comparable intervention strategies. While mediating, they counseled on the costs of conflict, provided coordination points, and managed the bargaining context so as to sideline spoilers and generate leverage. While monitoring, they verified violent events, engaged in reassurance patrols, and brokered local truces. The execution of these strategies was conditioned on organizational capabilities and member state preferences in ways that help explain both variation in short-term conflict abatement and the long-term failure of both international organizations. In contrast to the Arab League, the United Nations intervention, supported by more expansive resources and expertise, temporarily shifted conflict parties away from a violent equilibrium. Both organizations ultimately failed as disunity among international organization member state principals cut interventions short and reduced the credibility of international organization mediators.

The role of international cooperation in increasing human resources in the field of tourism in the Republic of Azerbaijan

2021 ◽  
Vol 65 (04) ◽  
pp. 178-180
Author(s):  
Mələkxanım Seyfulla qızı Rəhimova ◽  
Keyword(s):  
Human Resources ◽  
International Cooperation ◽  
International Organizations ◽  
International Organization ◽  
State Control ◽  
Right To Education ◽  
Strategic Cooperation ◽  
The Republic ◽  
The Right

The effective establishment of interstate international cooperation is important both for development and for ensuring rights in the field of tourism. The adoption of interstate agreements is not the only condition. At the same time, it is important to apply them in practice and establish comprehensive relations with both states and international organizations to achieve this goal. The article discusses the various forms of this cooperation and ways to build it more efficiently. Key words: international organization, strategic cooperation, the right to education, state control, memorandum, agreement

Belgian Courts and the Immunity of International Organizations

2014 ◽  
Vol 10 (2) ◽  
pp. 464-504
Author(s):  
Eric De Brabandere
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Dispute Settlement ◽  
Case Law ◽  
International Organization ◽  
European Convention ◽  
Domestic Courts ◽  
Alternative Means ◽  
The Right ◽  
Right Of Access

The functional underpinning of institutional immunity remains crucial today in order to guarantee the independent fulfilment by the organization of its mandate. Despite this relatively firmly established principle, domestic courts and tribunals have shown in recent cases that they are very critical of the idea of the absolute character of international organization immunity, not the least in relation to the right of access to court, guaranteed inter alia by Article 6 of the European Convention on Human Rights. Belgium is host to between 50 and 100 international organizations or liaison offices of international organizations, most of which are located in Brussels. For that reason, the number of potential disputes involving an international organization in Belgium is important. This paper gives an overview of the official Belgian policy in respect of international organization immunity, and analyses relevant Belgian case-law that considers the rationale behind the grant of privileges and immunities to international organizations. It then considers the source of an international organization’s immunity, the scope of that immunity, and the obligation to provide for alternative means of dispute settlement and the individual’s right of access to court.

scholarly journals Notes on the ideology of international organizations law: The International Organization for Migration, state-making, and the market for migration

2019 ◽  
Vol 32 (3) ◽  
pp. 383-400 ◽  
Author(s):  
Jan Klabbers
Keyword(s):  
Member State ◽  
International Organizations ◽  
International Organization ◽  
The Law ◽  
Dominant Theory

AbstractThis article discusses the law and practice of the International Organization for Migration (IOM), a little-known but important international organization. The article aims to illuminate what it is the IOM does; how it influences its member state practices while simultaneously working on member state assignments; and how this affects the dominant theory underpinning the law of international organizations, i.e., the theory of functionalism. The article concludes that the IOM takes functionalist thought to extremes, and in doing so makes visible the latter’s ideological nature.

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