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International organisations are a central component of modern international society. This book provides a concise account of the principles and norms of international law applicable to the intergovernmental organisation (IGO). It defines and explains inter-governmentalism and the role of law in its regulation. The book presents case studies that show how the law works within an institutional order dominated by politics. After a note on the key relationship between the IGO and its member states, it examines the basic relationship between the UN and states in terms of membership through admissions, withdrawal, expulsion, suspension, and representation. The debate about the extent of the doctrine of legal powers is addressed through case studies. Institutional lawmaking in the modern era is discussed with particular focus on at the impact of General Assembly Resolutions on outer space and the Health Regulations of the World Health Organization. Non-forcible measures adopted by the UN and similar IGOs in terms of their legality (constitutionality and conformity to international law), legitimacy and effectiveness, is covered next. The different military responses undertaken by IGOs, ranging from observation and peacekeeping, to peace enforcement and war-fighting, are discussed in terms of legality and practice. The book also considers the idea of a Responsibility to Protect and the development of secondary rules of international law to cover the wrongful acts and omissions of IGOs. It ends with a note on how the primary and secondary rules of international law are upheld in different forms and mechanisms of accountability, including courts.
international law produced by states and, in fact, are compatible with the list of sources in Article 38 of the Statute of the International Court of Justice of 1945, either as treaty obligations, customs or general principles of law. It is true to say that many resolutions have passed into customary international law, but such an analysis disregards the potential normative value of the resolutions themselves, a value that reflects the autonomy of IGOs. This chapter explores institutional lawmaking in the modern era, with particular focus on General Assembly Resolutions on
of the parties, it is doubtful that it can still be sustained in view of a host of UN General Assembly resolutions, adopted since 2000, calling for fish stocks to be restored or maintained at levels of MSY ‘as determined by their biological characteristics’, without mention of possible qualification by environmental or economic factors. 61 Although the parties to UNCLOS and members of the General
( opinio juris sive necessitates )’); United Nations General Assembly Resolution 203 (73rd Sess) (11 January 2019) ‘Identification of customary international law’ A/RES/73/203 and Annex ‘Identification of customary international law’, Conclusion 2 (‘[t]o determine the existence and content of a rule of customary international law, it is necessary to ascertain whether there is a general practice that is accepted as law ( opinio juris )’). Even the nuanced approach that the International Law Association adopts speaks of the two elements: see International Law Association
use of relevant resolutions by States and other international actors. It follows that any inquiry into the evidentiary value of General Assembly resolutions as either general practice or opinio juris should be complemented by an empirical study of the systemic character groups of resolutions have acquired over time. The following section presents an original database of General Assembly practice with a view to assessing the relevant findings in the light of the methodology devised by the International Law Commission to detect the presence of custom. 3 Case study
Peoples, Fact Sheet No. 9 (Rev.1), World Campaign for Human Rights, UN Centre for Human Rights, Geneva 1997. The Voluntary Fund was established pursuant to General Assembly resolution 40/131 of 13 December 1985. In resolution 50/156 of 21 December 1995, the GA decided that the Fund should also be used to assist indigenous representatives to participate in the Commission Drafting Group. By resolution 48/163 of 21 December 1993, the GA authorised the Secretary-General to establish the Voluntary Fund for the International Decade of the World’s Indigenous People. 73 Report
United Nations Conference on Environment and Development, Annex II, A/CONF.151/26 (Vol I), Rio de Janeiro, 3–14 June 1992; the Earth Summit+5 , United Nations General Assembly Resolution S-19/2, A/S-19/29, 19th Special Session Agenda Item 8, 11th Plenary Meeting, 28 June 1997; the Johannesburg Declaration on Sustainable Development , United Nations
struggle against colonialism, in the UN General Assembly Resolution on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of people to self-determination. This resolution, which has been passed on an annual basis since 1986 (2005 being the exception), recognizes 134 Romantic narratives in international politics that the activities of mercenaries are contrary to fundamental principles of international law, such as non-interference in the internal affairs of States, territorial integrity and independence, and seriously
elsewhere. Recognizing the importance of the Soviet Union in its foreign policy calculus, India acted accordingly. While it strongly condemned the Anglo-French 52 Indian foreign policy intervention in Egypt, its response to Soviet intervention in Hungary was weak, to say the least. It even joined the communist bloc to vote against a UN General Assembly resolution calling for the withdrawal of Soviet troops from Hungary though Nehru was later forced to criticize the Soviet policy toward Hungary. The Soviet Union also adopted a neutral position in Indian disputes with
: ‘Report of the Expert of the Secretary-General, Ms Graça Machel, submitted pursuant to General Assembly resolution 48/175’, UN Docs A/51/306 and A/51/306/Add.1. 2 Ibid ., at para. 58. 3 See Office of the United Nations High Commissioner for Human Rights