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Summary The Law of International Organisations Lecture week 7
- Instelling
- Radboud Universiteit Nijmegen (RU)
The Law of International Organisations Lecture week 7. 26 pages. lecture typed out.
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The law of international organizations lecture 7 23-10-2019International Organisations – Dispute settlement
Today we are going to talk about dispute settlements. I think that it is interesting
for one reason another reason that you might not necessarily immediately think
of. That has to do with I think this lectures shows you what you could do in the
field of international law in terms of your future profession and the labor market
perspective. My intention today is showing you the many options you actually
have in terms of working for tribunals, courts, committees. That really need
knowledge about international law. There are actually more institutions than the
European Court of Human Rights or the ICJ, the two most important judicial
entities that you think of. We have more than these legal methods of dispute
settlements also non judicial methods. I’ll address those in this lecture. I think it
shows you nicely the possibilities for you if you want to continue working in the
field of public international law. The very interesting complex legal
discussions, debates, questions you are confronted with and where you could
also solve those.
I want to confront you also today with the very intriguing case of the
MH17, so the Malaysian Airlines plane that was shot 5 years ago above eastern
Ukraine. That raises very interesting questions of international law, that I’ll also
deal with in the week to come. So you might know that the Netherlands,
Australia, Malaysia want to hold the Russian authorities accountable. So they
argue that Russia was responsible. This all deals with State responsibility, we
are going to look this next week. So that’s more the substantive question.
Where I want to focus on after the break is more the question: where
could we go with this claim. Where could we see compensation. Where can the
Dutch authorities turn to. Which means do they have to settle a dispute. So that’s
a bit the question that I have in mind in terms of background.
What I would like to do in addition to focusing on MH17 is well looking
at the definition. What is a dispute, what are the basic rules. What are the
fundamental principles behind. And look at the different methods. That could be
boring summing up of different methods, so I tried to look for several interesting
examples. The interesting thing is that there is more than I expected before when
I was looking for examples. There are many legal disputes that are maybe not in
the news, do not catch the headlights but nonetheless very interesting. I hope to
show you how active the field of public international law is.
1
,Structure
1. Definition, basic rules and methods
More generally looking at the dispute settlement.
• applicable dispute settlement procedures
2. IOs & dispute settlement
Applying the general frame work to the issue of IO’s. What is the role of IO’s in
dispute settlements. They have a very important role to play. They facilitate the
settlement of disputes. So that’s one and IO’s can of course also be involved in
disputes themselves. So that could be disputes between IO’s and MS, IO’s and
members of their staff. So we are going to address those issues as well.
• the role of IOs in disputes between states
• judicial settlement of disputes involving IOs & obstacles
1. Definition, basic rules & methods
Definition, basic rules and methods I
when we are talking about a dispute, what do we than mean? In the context of
public international law. Here is just one definition.
Definition: a dispute exists when two sides hold clearly opposite views
concerning the question of interpretation and application of relevant
provisions
• given by the international Court of Justice.
• There should be a conflict of views, legal views normally. There
could also be views, a difference of views with respect to the facts.
These are often interlinked. It is very difficult to separate facts from
lets say the legal issues. Its almost impossible to do. `
• First of all we are talking very much about difference between legal
views. A conflict between legal views or interest.
• So opposite views concerning question of interpretation and
application of relevant provisions of law.
• If you look in your book, then you see that Chapters delving into
these issues, so it’s about an international disagreement. Not
exclusively between States. It could also be a State and an IO. The
book refers on page 548 that this dispute should be on the
international plane. Should have consequences on the international
plane. So it is not about domestic issues of course.
• The book argues that a dispute should be really specific. Should be
a legal specific aspect. Its different form a situation. The book
2
, points to the israel Palestine problem. That is not a legal dispute,
that is a really complex situation, a very complex dilemma. Its not a
legal dispute. So it should be something specific.
Further reference to a case
Legal Consequences for the States of Continued Presence of South Africa
in Namibia (South West Africa) Notwithstanding Security Council
Resolution 276 (1970), ICJ AO, 1971
o Legal consequences for States for the continues presence of South
Africa in Namibia
o The Court is delving into the question posed by the Security
Council, if this is a legal dispute. A legal dispute between South
Africa and Namibia. We know that such legal disputes contentious
proceedings. Disputes between two States, those cannot be the
focus of lets say an advisory opinion. An advisory opinion is asked
by the UN organs, the General Assemble and the Security Council.
That was the reason why the ICJ looked into the nature of what was
in front of it.
o Page 35 §32 Nor does the Court find that in this case the Security
Council's request relates to a legal dispute actually pending
between two or more States
o So its not a legal dispute. The focus of contentious proceedings
between States, no we are confronted with a question a couple of
sentences later: The request is put forward by a United Nations
organ with reference to its own decisions and it seeks legal advice
from the Court on the consequences and implications of these
(Security Council) decisions.
o This Advisory Opinion at the end of this paragraph is very much
about: "The object of this request for an Opinion is to guide the
United Nations in respect of its own action"
• So a legal dispute is between two States, these should be put
to the ICJ in contentious proceedings. An Advisory Opinion
(ill get back to that later) is asked by the UN.
Basic rules: UN Charter: Article 2, paragraphs (3) and (4); Declaration on
Friendly Relations
• The basic rules, lets say the basic principles are already in the UN
Charter. In Article 2 paragraph 3 UN Charter you will find the very
important general principles that all MS of the UN shall settle their
3
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