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.
format of ARS 2001 by containing similar chapters and articles. In addition to articles on internationally wrongful acts, acts of organisations, attribution, breach of international obligations and the responsibility of an internationalorganisation in connection with acts of state, reviewed earlier in the chapter, ARIO 2011 also contains useful chapters and articles on: circumstances precluding wrongfulness (consent, self-defence, countermeasures, force majeure , distress, necessity, and compliance with peremptory norms); 67 general principles on the content of the
This chapter explains what an inter-governmental organisation (IGO) is and why the UN is the leading example. A contrast will be made with other forms of organisation, particularly the supranational integration organisation (principally the EU). This chapter also defines the law of internationalorganisations as the law governing, applicable to and produced by such organisations, and explains how this is best studied through a focus on the UN and related IGOs. The method used in the book is explained. This is not over-theorised given the textbook nature of the
From the outset, this text makes it clear that the law of internationalorganisations is dominated by the UN and is actually best understood through a focus on that organisation. It defines and explains inter-governmentalism and the role of law in its regulation. The chapters in the new edition are not only re-ordered (with some merging), but have largely been rewritten with the insertion of a number of case studies that help to bring home how the law works within an institutional order dominated by politics. The case studies highlight the debates that surround
European and foreign affairs are sometimes presented as the traditional ‘reserved domains’ of the French president, where decisions are reserved for the president (Irondelle, Joana and Mérand, 2016 ). The idea of a reserved domain is not literally true, of course, as there are many other actors involved in the European and international security policy communities, from the armed and security forces, through leaders in other countries, to actors in internationalorganisations and think tanks. The formal machinery of government itself represents a
become a member. Despite the fact that the League’s membership rose to fifty-nine, a steady stream of withdrawals meant that by the time of its dissolution in 1946 it was reduced to forty members. 21
The world’s second attempt at establishing a global internationalorganisation, the United Nations, was more successful. Article 3 of the UN Charter states that the ‘original Members of the United Nations shall be the States which, having participated in [the San Francisco conference], or having previously signed the Declaration by United Nations of 1 January 1942, sign
role (in particular for credit rating
the ability to enter into administrative arrangements with
supervisory authorities, internationalorganisations and the
administrations of third countries.
In general, ESMA works at a
high level, setting standards, while national supervisory
biosecurity measures, for example fencing badger latrines or making entry to cattle sheds more difficult, have been underplayed. Strong opposed lobbies can lead to an absence of agreement on how policy should be framed and underperformance or paralysis in policy.
Obesity attracted considerable media attention in 2004. The present phase of interest in the subject was largely started by investigations conducted by the World Health Organization. However, reports by an internationalorganisation would not attract such extensive interest unless they pushed a number of
seen as a ‘framework to the exercise of … power, within which public bodies are forced to seek to promote the public interest and compelled to justify their actions in those terms or in other constitutionally acceptable terms (justice, humanity, equity); to modify policies if they should turn out to have been ill-conceived; and to make amends if mistakes and errors of judgment have been made’. 3 In more straightforward terms the International Law Association (ILA) Committee on the Accountability of InternationalOrganisations makes clear ‘as a matter of principle
terms of the Treaty of Reunification, Article 23 in its original form was abolished. 4 Article 24 expressly provides for the transfer of sovereignty to internationalorganisations, for the furtherance of collective security and the development of a peaceful order in Europe and the world. This has enabled the Federal Republic to become a member of international institutions such as the EEC (precursor to the EU) and NATO (see Chapter 10 ). Article 26 prohibits the preparation by the Federal Republic of an aggressive war. Article 28 requires that the constitutional