Summary of the subject International organizations and policy making. Included the book 'Malcolm D. Evans, International Law 5th ed Oxford University Press 2018', readings and a lot of classnotes.
COMPLETE Summary International Law - Processes and Procedures of International Law (3554PPILVY)
Summary of International Law by Malcolm D. Evans, Fifth Edition
IRIO International Law Lectures
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International organisations law (vrouw in 5-429 ma-wo)
WEEK 1:
First international organizations:
Central Commission for Navigation on the Rhine (1815)
International Telecommunication Union (1865) (Geneve). Do relegate communication
around the world.
League of Nations (1920-1946)
o succeeded by the United Nations.
International organizations makes states communicate.
Mostly meant to have state cooperation and enhance international relations
But this day international organizations have more important role in the international
community.
States have created new international organizations to deal with emerging problesms is the
results of three factors:
1. the realization is there that a number of problems faced by States can only be
resolved or can best be resolved through international cooperation.
2. There is the realization that such cooperation often needs to be multilateral.
3. It is clear that such cooperation needs to be permanent.
Own opinion: organizations too much power or is it just good they can change the world?
What are International Organizations? KEY ZIE SLIDE WEEK 2 Article 2 ILC Draft Articles on the Responsibility of
International Organizations.
1. Composed of States (members)
2. Established under international Law
3. Legal personality
4. Based on treaty or resolution
What other elements may make an international organization? Hybrid organizations (ICRC)
Non-governmental organizations (NGO’s) (Greenpeace)?
Once an international organization is established it will not change.
States membership KEY
Membership criteria (at least more than 4 states, has to located around water)
o Open/ universal membership (UN). Open for every state to apply (if you are a
state).
o Closed membership (EU). There is some certain criteria for a state to get in,
like the geographic criteria. EU: Only for state living in European union
(Moroccan) and have human rights (Turkey).
,Established under International law KEY
International Organizations are established by states.
My means of international treaties.
HeadQuarter agreements (depestic).
IO sets up a subsidier. Unilever -> pindakaas, dove.
Look to the international treaty to check if it is an international organization. Not to the HQ
agreement.
Practice: IO CEM (Coffee every morning)
-> treaty
states: NL, USA, IT, Sweden
office in The Hague.
Legal personality KEY
Having rights and duties under international law
EU can force states to do something because it has legal personality.
A will distinct and separate than of its Member States
What determines the international organizations to have legal personality:
When it is a IO with legal personality, this enables them to have these points:
1. Distinguished as a collective entity (vb: state, member states, private entities)
2. Can bring a claim under international law (als je leeft under legal personality)
3. Responsible for the non-fulfillment of its responsibility (UN does sanction states)
4. There are certain privileges and immunities (week 3) discuss this in assignment.
5. Capacity to conclude treaties
Case: Reparations for Injuries Advisory Opinion. Man of UN in Jerusulem got murdered. UN
asked for advisory opinion to ICG if they can bring an international claim against Israel.
Do the states needs to explicitly have to implicit the state. Because states are accepting
everything from the UN, the member states are giving the UN legal personality and the UN
can make claims.
Actions, functions and duties.
Does not need to be necessary said.
While in the Charter imposes an obligation within their domestic legal systems, there is nothing which
expressly grants international personality to the UN. Nevertheless, the Court found that the UN prossesses
international legal personality, arguing that this was necessary for the fulfilment of its functions. The Court also
deduced legal personality from the powers and rights that had been given to the UN under the charter.
= “Whereas a State possesses the totality of international rights and duties recognized by
international law, the rights and duties of an entity such as the Organization must depend
upon its purposes and functions as specified or implied in its constituent documents and
developed in practice. The functions of the Organization are of such a character that they
could not be effectively discharged if [...] the Court concludes that the Members have
endowed the Organization with capacity to bring international claims when necessitated by
the discharge of its functions.”
Two theories (schools of thoughts) who came from the case:
, - Will theory: legal personality derives from the will of the Member States. (member states
because they want it or willing to allow it, the IO has legal personality).
- Objective approach: certain objective criteria set out by law are fulfilled (by looking at the
criteria of earlier international organizations). This gives the IO legal personality.
Consequences of having legal personality: (BOOK)
1. Personality distinguishes (onderscheid) the collective entity from the members.
2. Personality entitles the organization to bring a claim in international law for the
purpose of maintaining its own rights.
3. Being responsible for the non-fulfilment of its obligations.
First 3 are inherent in the notion of international legal personality and apply to any
international legal person. These two do not apply to all international legal persons
4. Customary international law confers certain privileges and immunities on
international organizations that are necessary for function and efficiently
5. Possess a power to conclude agreements which are subject to the law of treaties.
Objective legal personality: having this legal personality, non-member states are bound to
accept that organization as a separate legal person and so are also part of the mission of the
organization and the possible claim. Non-members states are bound to the rules and
obligations of the IO as the vast majority of the international community has recognized the
……
(only UN, because so many states and they did so many for the world, non-member states
cannot go around the thing to not recognize the UN).
LP:
-> claim under IL (international law)
-> to member states (have entered to the contract)
-> to non-member states
“Accordingly the question is whether the Organization has capacity to bring a claim against
the defendant State to recover reparation in respect of that damage or whether, on the
contrary, the defendant State, not being a member, is justified in raising the objection that
the Organization lacks the capacity to bring an international claim. On this point, the Court's
opinion is that fifty States, representing the vast majority of the members of the
international community, had the power, in conformity with international law, to bring into
being an entity possessing objective international personality, and not merely personality
recognized by them alone, together with capacity to bring international claims.”
(Reparations for Injuries Advisory Opinion).
= international organizations with a membership consisting of the vast majority of the
international community possess objective international personality.
Domestic legal personality: since international organizations also operate within the territory
of States, they usually need to possess domestic legal personality. also applies to
international organisations, IO also exist within the BORDERS OF THE STATES.
Logical breakdown.
CASE Arab monetary Fund case: Fund wanted to operate in the UK borders but UK is not part
of the organization. Does not recognises the organization. AMF stills wants the domestic
personality.
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