1st Edition
Cases and Materials on the Law of International Organizations
In less than 100 years, international organizations have evolved from curiosities into keystones of international law. What began long ago as an unremarkable effort to coordinate a limited number of technical issues has grown into a global, multilevel, blended governing project with diverse competences in most fields of human endeavor and interests.
Law graduates who enter the field of international law, as well as political science, international relations, and diplomacy, are increasingly expected to have a strong knowledge of the law of international organizations. Beyond knowledge, graduates are also expected to be able to solve new emerging legal problems confronting organizations.
This book introduces students to the law of international organizations through the careful study of the most recent cases and other materials from the International Court of Justice, United Nations Security Council and General Assembly, World Trade Organization, international criminal tribunals, European Union, European Court of Human Rights, International Labour Organization, various domestic courts and arbitral panels, and other bodies. In doing so, it undertakes a critical examination of legal rights and duties, exposing the fundamental questions that arise when addressing a range of issues within an organization. In order to provide the best foundation, the textbook focuses on several key topics: the law of treaties, creation of organizations, membership, powers of organizations, legal effects of their acts, organs, immunities, and responsibility.
This book is best suited for students who are studying international organizations and who have already had one or more courses on international and/or European law.
Chapter 1 Introduction to International Organizations
1.1. Introduction to International Organizations
1.2. Definition of an International Organization
1.3. International Organizations as a Field of Study
1.4. Overview of this Textbook
Chapter 2 Law of Treaties
2.1. Treaties Regarding International Organizations
2.2. Special Rules in the Law of Treaties Applying to International Organizations
2.2.1. Treaties Adopted Within an International Organization
2.2.2. Adherence to Treaties
2.2.3. Reservations to Treaties
2.2.4. Invalidity of Treaties
2.2.5. Interpretation of Treaties
Chapter 3 Creation and Dissolution
3.1. Creation of an International Organization
3.1.1. International Legal Personality
3.1.1.1. Identifying International Legal Personality
3.1.1.2. Objective and Relative International Legal Personality
3.1.2. Agreement under International Law by Subjects of International Law
3.1.3. Meaningful Independence
3.1.4. Certain Objectives
3.2. Dissolution of an International Organization
Chapter 4 Membership
4.1. Types of Members
4.2. Qualification for Membership
4.2.1. Statehood
4.2.2. Other Substantive Requirements
4.2.3. Assessing Qualifications
4.2.4. Procedural Law of the Decision on Qualification
4.2.5. Succession to Membership
4.2.6. Representation and Credentials
4.3. Suspension or Termination of Membership
4.3.1. Extinction of the State
4.3.2. Suspension of Membership
4.3.3. Termination of Membership
Chapter 5 Powers
5.1. Sources of Powers
5.1.1. Attribution of Powers
5.1.2. Implied Powers
5.1.3. Inherent Powers
5.1.4. Balance of Powers with Member States
5.1.5. Other Limitations on Powers
5.2. Issues of Ultra Vires Exercise of Powers
Chapter 6 Legal Effects of Acts
6.1. Basis for Legal Effect
6.2. Legal Value of the Act
6.2.1. Binding Legal Effect
6.2.1.1. United Nations Security Council
6.2.1.2. United Nations General Assembly
6.2.1.3. International Court of Justice
6.2.2. Non-Binding Legal Effect
Chapter 7 Organs
7.1. Definition of Organs
7.2. "Family" Structure
7.2.1. Principal Organs
7.2.1.1. Limited Competences
7.2.1.2. Institutional Balance
7.2.1.3. Judicial Review
7.2.2. Subsidiary Organs
7.2.2.1. Independence
7.2.2.2. Judicial Review of a Principal Organ
7.3. Function of the Organ
Chapter 8 Privileges and Immunities
8.1. Legal Basis for Privileges and Immunities
8.1.1. Jurisdiction
8.1.2. Privileges and Immunities
8.2. Justification for Privileges and Immunities of International Organizations
8.2.1. Functional Necessity for Independence
8.2.2. Limitations of the Functional Theory
8.3. Privileges and Immunities Enjoyed by Different Actors
8.3.1. International Organizations
8.3.2. State Representatives
8.3.3. Employees of International Organizations
8.3.4. Experts on Mission
8.3.5. Waiver
Chapter 9 Responsibility
9.1. Responsibility in international law
9.1.1. Possibility for responsibility
9.1.2. General and special rules of responsibility
9.2. General rules on responsibility of international organizations
9.2.1. Existence of a binding international obligation
9.2.2. Attribution of an internationally wrongful act
9.2.2.1. Internationally wrongful act
9.2.2.2. Attribution of the act
9.2.3. Other modes of responsibility
9.2.4. Circumstances precluding wrongfulness
9.2.5. Consequences of responsibility
9.3. Subsidiary responsibility for member states
Chapter 10 Conclusion
Index
Biography
William Worster is a Senior Lecturer at The Hague University of Applied Sciences, where he specializes in international law, international migration law, and the law of international organizations.
