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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.
As States and intergovernmental organisations (IGO) face a range of new challenges, non-governmental organisations are playing an increasingly important role in global governance. 1 Non-governmental organisations have led the development of a range of international treaties, triggered the domestication of international norms in a host of states, and documented abusive State and non-State actor practices in the most perilous environments. Non-governmental organisations are commonly referred to as norm entrepreneurs, but a substantial number of actors consider
Rights: Text and Materials (London, Sweet & Maxwell, 1997). The UN and other intergovernmental organisations give ever-increasing publicity to their instruments and work in practice: see Human Rights: A Compilation of International Instruments (New York and Geneva, 1997), ST/HR/1/Rev. 5, vols. I and II. The expanding organisational websites on the Internet are a further source. On religious freedom, see K. Boyle and J. Sheen (eds.), Freedom of Religion and Belief: A World Report (London and New York, Routledge, 1997). 98 See ch. 9 of this volume. 99 See ch. 17 of this
resulted in the Conclusions, namely, the manner in which the International Law Commission defines its own output vis-à-vis the formation of customary international law. While the International Law Commission specifically addresses ‘teachings of publicists’ and judgments, it has chosen to simply mention the relevance of its own work – which it did in the commentary opening Part V. Pereira argues that the Commission was right in not including its work under the ‘teachings of publicists’ heading. Deplano examines the role of resolutions adopted by intergovernmental
and Integration of Indigenous and other Tribal and Semi-Tribal Populations in Independent Countries,17 and Recommendation No. 104 on the same.18 The ILO today The ILO is now one of twelve specialised agencies of the UN.19 The tripartite structure of the ILO – governments, employers, employees – is unique among intergovernmental organisations. The Organisation is composed of three organs: the General Conference of representatives of member States (the International Labour Conference); the Governing Body; and the International Labour Office. The rights that concern the
application of the Charter, the Protocol, or any other relevant human rights instrument ratified by the States concerned (Article 3.1); the Court may also offer advisory opinions which do not trespass on the work of the Commission (Article 4). Court cases will be open to States, African intergovernmental organisations, relevant NGOs with observer status before the Commission, and individuals (Article 5.3): NGO and individual cases require a supporting declaration from the State concerned in accordance with Article 34.6. Entry into force of the Protocol requires fifteen
Scientific Unions and its subsidiary, the Scientific Committee on Oceanic Research. 93 Non-governmental bodies will not be further touched on here as they fall outside the scope of this book. As far as intergovernmental organisations are concerned, the premier organisation at the global level is the IOC, established by UNESCO as a subsidiary body in 1960 in order to ‘promote scientific investigation and
Greenpeace (in the first opinion) and the WWF (in both opinions). The ITLOS stated, however, that while not part of the case file, the statements would be placed on its website and also transmitted to the States parties, relevant intergovernmental organisations and the ISA (in the case of the 2011 Opinion) and the SRFC (in the case of the 2015 Opinion). 62 Annex VII tribunals
International Bureau of Weights and Measures, the Intergovernmental Organisation for International Carriage by Rail, the International Finance Corporation, the International Fund for Agricultural Development and the IMF, representing just some examples of whose constitutions mention equality. However, each organization’s constitution imbues a different meaning to equality. Some value equality between persons, others between groups (like groups differing in gender) and nations, and most of these constitutions place
investiture and use of its authority is far more complex than is the case with an organization like the Intergovernmental Organisation for International Carriage by Rail. 53 However, the WTO has little authority to engage in action, make recommendations or even communicate without member states’ approval. 54 The International Labour Organization’s (ILO) constitution similarly keeps authority with member states, and its structure leaves little doubt as to whether any authority actually “transfers” to the organization