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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
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
afforded to foreign investment persisted after the second world war. Even though Resolution 1803 on the Permanent Sovereignty over Natural Resources of 14 December 1962 103 can be read as a tentative compromise between the positions of capital-exporting and capital importing countries by not excluding “appropriate compensation,” 104 UN General Assembly Resolution 1301 of 1 May
international rules governing foreign-owned property. Broches, the General Counsel of the World Bank and chief architect of the Convention, deliberately avoided making any reference to the recently adopted General Assembly resolution on Permanent Sovereignty over Natural Resources. 181 Crucially, unlike previous conventions adopted at the World Bank, the drafting of the Washington Convention
Vivir” [ 2017 ] Cadernos do CEAS: Revista crítica de humanidades 327 , 330 . 37 United Nations General Assembly, “Resolution 2625 (XXV). Declaration on Principles of International
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
the Use of Force Professor Brownlie relied on Article 2(4) and the General Assembly Resolutions on Friendly Relations 32 and Aggression 33 which reaffirm the principle of non-intervention in order to dismiss the argument that the Kosovo operation was humanitarian intervention which, otherwise, ‘would require consistent and substantial evidence’. 34 Similarly, in the Nicaragua case, the ICJ
: ‘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