Law Of International Organizations Research Articles

Granice nadležnosti Evropske unije - načelo poverenih ovlašćenja

The limits of EU competencies are determined by the principle of conferral, which is a fundamental principle of the law of international organizations. According to this principle, the Union has no general and unlimited competence, but disposes only of the powers entrusted to it by the Member States according to the founding treaty. Although it has never been disputed and challenged, this principle entered the founding treaties of the former European Communities and the current EU at a very slow pace and with considerable difficulty. In the initial stage of European integration, the treaty framers did not consider it necessary to incorporate the principles on the delimitation of competencies between the EC and the Member States, i.e. the principle of vertical division of power. As the basic principle for determining the limits of competencies of these organizations, the principle of conferral was for the first time explicitly mentioned in the Treaty establishing the EU. Thus, it became the basic principle of communitarian law, but not of the entire EU law. The constitutionalization of the principle of conferral ensued within the reform implemented by the Lisbon Treaty, when it has become a constitutional principle of the entire EU. After reviewing the provisions explicitly referring to or elaborating on this principle, the authors focus on the concept of implied powers and the flexibility clause, which have been modelled in the post-Lisbon era. The former, taken from the jurisprudence of the Court of Justice, has enabled the EU to exercise competencies other than those it had been explicitly entrusted, which may stem from correlating the founding treaty to a legally relevant fact, such as the objective and effet utile of its provisions. The latter, however, implies a residual power that can be used in the absence of a specific legal basis when there is an agreement between the Member States and the EU institutions on the need for action in order to achieve one of the goals stipulated by the founding treaties. The authors' discussion on the limits of EU competencies is followed up by exploring the types of powers, based on the classification adopted in the Lisbon Treaty. This typology, which relies on the previous practice of the EU, distinguishes exclusive and non-exclusive powers. The second category includes shared, complementary and coordinating powers.

The Law of International Organisations, written by Nigel White

The Law of International Organisations, written by Nigel White

Scholars in self-estrangement (again): rethinking the law of international organisations

Scholars in self-estrangement (again): rethinking the law of international organisations

DEPATMENT OF INTERNATIONAL LAW OF LVIV UNIVERSITY: CONTINUITY AND NEW APPROACHES

The article contains the research of the development of the International Law Department of Lviv University since 1991. The development of international legal doctrines at this University has been investigated. The characteristic features of the evolution of teaching of international law by the university specialists have been studied. The research agenda of international law scholars of the Lviv University covers the issues of international humanitarian law, diplomatic and consular law, the law of international organizations, international criminal law, private international law and theory of international law. Special attention has been paid to the methodology of the scientific research used by international law scholars at the Lviv University. The research of reestablishment of the modern International Law Department has been conducted. The existence of an independent school of the international law has been proved. The article includes a comparative legal analysis of scholarly concepts of the Lviv University researchers with the doctrinal views of their West-European contemporaries. An important role of Lviv as a scientific centre in the general history of the international legal doctrine has been underlined. The re-establishment of an independent Lviv school of the international law in the modern period has been proved. Key words: Lviv University; diplomatic service; department of international law; science of international law.

Out of the Shadows: An Appreciation of Sir Elihu Lauterpacht’s Contribution to the Doctrine of International Law

Abstract Sir Elihu Lauterpacht’s contribution to the doctrine of international law was wide—ranging and incisive, but has been overshadowed by his achievements as a consummate practitioner. This essay attempts to redress the balance by focusing on two areas of his published work—the law of international organisations, and international arbitral and judicial proceedings—which contain ideas and analytical approaches worthy of (re)consideration. These two themes are closely inter–linked in his work through a focus on the significance of the international judicial process in the development of the law of international organisations, and by the recognition that international tribunals are themselves international organisations.

Autonomy and Accountability of the UN in Peacekeeping Operations: The Case of the Central African Republic

This article explores the tension between autonomy and accountability of international organizations with a focus on the role of the United Nations in the context of peacekeeping operations. What triggered the interest in this particular matter was the recent failure by the UN in the Central African Republic to prevent and respond to allegations of sexual exploitation and/or abuse crimes committed by UN peacekeepers. A more theoretical analysis of the meaning of autonomy in the law of international organizations will be followed by a practical examination of issues of accountability and existing mechanisms to address them. The assessment of the current legal and judicial framework is followed by a further exploration of the main challenges and possible alternative solutions to bridge the gap between two mutually constitutive concepts. The primary (and modest) purpose of this analysis is to attempt to plant legal seeds that can not only grow into an ethical and accountable culture within the un but also be instrumental in preventing abuses and be strong enough to remain in place when the public spotlight on crimes has been turned off.

Международные организации: вопросы финансирования деятельности

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.

John Jackson’s Contribution to the WTO as Organization: A Personal Reminiscence

Like many others, I met John Jackson for the first time (in 1971) by reading ‘the bible’, his encyclopaedic book on the GATT. I had just been appointed junior lecturer and PhD candidate at the Europa Institute of the University of Leiden Law Faculty. Together with a senior lecturer, I was supposed to teach the course in ‘the law of international organizations’. By pure chance, the Professor/Director of the Institute, Professor Maas, who had encountered the GATT in his work as legal adviser of the Dutch delegation to the EEC, deemed it important and ordered that it be included in the course. John’s bible had just been published the year before, and the senior lecturer and I were urgently crisscrossing the enormous book in order to distil from it the elements that could be compacted into one or two lectures on the GATT, complementing it with snippets giving a more European flavour from Thiebaut Flory’s ‘Le GATT’. When, many years later at an academic conference, I was in a discussion with people who had all been to Michigan or Georgetown to study with John, I confessed (or boasted) that I was the only one there who never studied with him. Only then I realized immediately that this was false. I was a student of John’s; I was merely self-taught. John and I met in the flesh, when he came to Amsterdam to assist at Marco Bronckers’ PhD defence in 1985. Richard Lauwaars was the thesis supervisor, but John had played an important part in its gestation by inviting Marco to Ann Arbor for research and writing. What struck me then was how John, in spite of his rather austere exterior, was very fair and mild-mannered in his criticism of Marco’s book, while his questions remained highly pertinent. Compared with John, I was a wee bit too strident in my principled opposition to one particular aspect of Marco’s study. I learned something that day. On the strength of having taught some classes on the GATT after having read John’s book, the responsibility of giving legal advice to the European Commission (EC)’s negotiators in the Uruguay round was thrust upon me. Late in 1989,

Advanced Introduction to the Law of International Organizations, written by Jan Klabbers

Advanced Introduction to the Law of International Organizations, written by Jan Klabbers

La Alianza del Pacífico: Un escrutinio jurídico al tenor del Derecho de las organizaciones internacionales

Much has been said about the Pacific Alliance. It is undoubtedly the most novel process of integration in which the Republic of Colombia has participated. Nevertheless, insufficient attention has been paid to its juridical nature under international law, with the proposition of elucidating the legal consequences which will derive from it. The article starts from the content of the Law of International Organisations and considers the practice of the Ministry of External Relations of the Republic of Colombia, carrying out an evaluation of the Pacific Alliance. It examines what has been convened, to date, in treaties agreed to in their sphere -on par with the international instruments of soft law to today adopted- with the proposition of determining whether certain concurrent requisites necessary on order to comport with the juridical nature of an international organization are met. Later, it will refer to some international law consequences which emanate from the foregoing and in the Colombian internal juridical order, inter alia, incapacity to conclude treaties and the proscription of the power to mandate provisional application in the Republic of Colombia, respectively.

Saving the Scarecrow

This brief Comment responds to Jan Klabbers’ recent article, ‘The Transformation of International Organizations Law’. It focuses on three points: the polemical style and disengagement with substance in the article; the question of whether we can do without some form of functionalism; and the further question of what it means to speak of ‘responsibility beyond functionalism’.

The EJIL Foreword: The Transformation of International Organizations Law

This article discusses the ongoing transformation of international organizations law. It first provides an overview (an anatomy) of the paradigmatic theory concerning the law of international organizations: the theory of functionalism. Subsequently, it investigates how functionalism came about and how, from the 1960s onwards, its flaws increasingly became visible. The argument, in a nutshell, is that functionalism, as a theory concerned with relations between international organizations and their member states, has little or nothing to say about the effects of international organizations on third parties – non-member states, individuals and others. Moreover, it is often applied to entities that can hardly be deemed ‘functional’ in accordance with the theory. All of this is increasingly viewed as problematic and forces functionalism to adapt. Whether it can do so is questionable, though, since some of its problems are structural rather than contingent. Things are illustrated by the invocation of the United Nations’s possible responsibility for causing (or failing to prevent) the outbreak of cholera in Haiti.

FROM SPECIALITY TO A CONSTITUTIONAL SENSE OF PURPOSE: ON THE CHANGING ROLE OF THE OBJECTIVES OF THE EUROPEAN UNION

AbstractAfter the Lisbon Treaty, the objectives of the European Union are more numerous and ambitious than ever. But what is their importance and function within the ‘thickening’ legal order of the EU? Combining insights from both the law of international organizations and comparative constitutional law, the article traces the diverging role of objectives for, on the one hand, a traditional international organization marked by the principle of ‘speciality’ and, on the other, a maturing legal order increasingly exhibiting ‘constitutional’ traits. It argues that in the case of the EU, objectives and competences have developed into two related but distinct norm categories. While objectives serve to bolster arguments to shape such powers, they no longer represent a rationale in their own right for founding competences. The EU no longer justifies its existence solely by striving for a particular set of goals. Rather, these norms represent an entrenched duty to pursue these objectives through the actors, structures and procedures available, regardless of the Union's ultimate form (finalité). Today, the EU stands for certain values and has been endowed with powers, the exercise of which is guided by promoting these various aspects of the ‘common good’.

The Law of International Organisations: “Internal” or “International”? A Critical Analysis of the Relevant Practice of the United Nations Codification Organs

The main claims of this paper are that the law of international organisations is internal in nature and that, in this regard, the use of “rules of the organisation” instead of “internal law of the international organisation” by United Nations codification organs does not address the problems that the latter apparently raises and is not based on solid grounds. In particular, the characterisation of the law of international organisations as “internal” is a corollary of international organisations’ legal personality under international law, without prejudice to the international nature of some of the instruments which contain “rules of the organisation”. Indeed, the law of international organisations is “internal law”, for it applies only to member states qua members, autonomously from the application of “international law”, which applies to them qua states parties to a treaty or bound by a custom or principle. Lastly, the characterisation of the law of an international organisation, including its “rules”, as “internal law” has practical legal consequences, for, as “internal law”, no rule of the organisation can be considered as a special rule of international law derogating from the law of treaties or the law of international responsibility.

The Law of International Organisations: “Internal” or “International”? A Critical Analysis of the Relevant Practice of the United Nations Codification Organs

The main claims of this paper are that the law of international organisations is internal in nature and that, in this regard, the use of “rules of the organisation” instead of “internal law of the international organisation” by United Nations codification organs does not address the problems that the latter apparently raises and is not based on solid grounds. In particular, the characterisation of the law of international organisations as “internal” is a corollary of international organisations’ legal personality under international law, without prejudice to the international nature of some of the instruments which contain “rules of the organisation”. Indeed, the law of international organisations is “internal law”, for it applies only to member states qua members, autonomously from the application of “international law”, which applies to them qua states parties to a treaty or bound by a custom or principle. Lastly, the characterisation of the law of an international organisation, including its “rules”, as “internal law” has practical legal consequences, for, as “internal law”, no rule of the organisation can be considered as a special rule of international law derogating from the law of treaties or the law of international responsibility.

The Emergence of Functionalism in International Institutional Law: Colonial Inspirations

The theory of functionalism dominates the law of international organizations, explaining why organizations have the powers they possess, why they can claim privileges and immunities, and often how they are designed as well. Yet, the theory of functionalism is rarely spelt out in any detail, and its origins have remained under-explored. The purpose of the present article is to outline how functionalism came about by focusing on the ‘pre-history’ of international institutional law. To that end, the article studies the work of a number of late 19th, early 20th century authors on the law of international organizations, paying particular attention to the writings of Paul Reinsch. It turns out that functionalism, as developed by Reinsch, was inspired by his familiarity with colonial administration: colonialism and international organization both manifested cooperation between states. While this is no reason to discard functionalism, it does provide an argument for viewing international organizations more critically than functionalism habitually does.

The Law of International Organizations and the Art of Reconciliation

After submitting that most scholarly and practical debates about the law of international organizations can be construed as a battle between arguments based on the idea of a contract and those based on the idea of a constitution, this article discusses international legal scholars’ ability to turn the foundational dichotomies between contractualism and constitutionalism into a dynamic and dialectic framework. It makes the argument that international legal scholars, and especially legal academics, while unanimously acknowledging the existence of such paradigmatic tensions, are regularly tempted to iron them out through the promotion of a series of dialectical concepts or moves.

The Economic Structure of the Law of International Organizations

The essence of an international organization is the delegation of decision-making authority from individual states to the organization, which represents the collectivity of member states. The focus of this article is on the formal structure and function of international organizations, as distinct from international law per se. This article evaluates the reasons for creation of international organizations, as well as the reasons why particular structures of international organizations are utilized. It evaluates the relationship among assignment of subject matter authority, legislative capacity, adjudicative capacity, enforcement capacity, and membership. It examines how these features correspond to particular contexts of international cooperation.

Les partenariats public-privé dans le domaine de la santé : réflexions sur un nouveau mode d’exercice de l’autorité publique internationale

The inability of public and private actors, to on their own regulate health issues that have turned global, has generated institutional upheaval of unprecedented scale or equivalent. Without ousting the state and intergovernmental organizations (particularly the WHO), it is public-private partnerships that seem to demonstrate a new exercise of international public authority. These partnerships are more accurately seen as a new arrangement of the shared exercise of public authority based on the gradual institutionalization of the “ living forces” of the global healthcare field. Without being a model or a fad, these partnerships are based on a hybridization of their structure as well as of their activities which undermines the principles and concepts upon which the law of international organizations was forged. Finally, since their composition and means of action blur the line between the public and the private as much as that between the national and international legal orders, these partnerships reflect an institutionalization of global more than of international relations.

Relevance of the Law of International Organizations in Resolving International Disputes: A Review of the AU/ICC Impasse

The paper examines the legal nature of the dispute between the ICC & the AU and observes that the core issue revolves around the arrest warrant issued by the court for Al-Bashir. Therefore, it locates this to be within a legal rather than political impasse. The paper argues that the general rules of the law of international organisations may provide the key to resolving the impasse. And that accordingly, the general principle of the regime point to the interpretation of the provisions of the constitution of the two international organizations to identify the extent to which they are empowered to make the decisions that resulted in the dispute. The provisions of the Rome Statute on immunity are identified as providing the key to the resolution. Therefore the interpretation of the Statute on the immunity of certain State officials is important. The paper interprets the Rome State as providing for the irrelevance of immunity before the court without obstructing the horizontal obligations States owe to each other pursuant to other international norms. Such an interpretation would indicate that States may exercise caution in arresting a sitting Head of State such as Al-Bashir unless such a time that he leaves office or Sudan waives his immunity.