1st Edition

Cases and Materials on the Law of International Organizations

By William Thomas Worster Copyright 2021
476 Pages
by Routledge

476 Pages
by Routledge

476 Pages
by Routledge

In less than 100 years, international organizations have evolved from curiosities into keystones of international law. What began long ago as an unremarkable effort to coordinate a limited number of technical issues has grown into a global, multilevel, blended governing project with diverse competences in most fields of human endeavor and interests. Law graduates who enter the field of... Read more

Chapter 1 Introduction to International Organizations

1.1. Introduction to International Organizations

1.2. Definition of an International Organization

1.3. International Organizations as a Field of Study

1.4. Overview of this Textbook

Chapter 2 Law of Treaties

2.1. Treaties Regarding International Organizations

2.2. Special Rules in the Law of Treaties Applying to International Organizations

2.2.1. Treaties Adopted Within an International Organization

2.2.2. Adherence to Treaties

2.2.3. Reservations to Treaties

2.2.4. Invalidity of Treaties

2.2.5. Interpretation of Treaties

Chapter 3 Creation and Dissolution

3.1. Creation of an International Organization

3.1.1. International Legal Personality

3.1.1.1. Identifying International Legal Personality

3.1.1.2. Objective and Relative International Legal Personality

3.1.2. Agreement under International Law by Subjects of International Law

3.1.3. Meaningful Independence

3.1.4. Certain Objectives

3.2. Dissolution of an International Organization

Chapter 4 Membership

4.1. Types of Members

4.2. Qualification for Membership

4.2.1. Statehood

4.2.2. Other Substantive Requirements

4.2.3. Assessing Qualifications

4.2.4. Procedural Law of the Decision on Qualification

4.2.5. Succession to Membership

4.2.6. Representation and Credentials

4.3. Suspension or Termination of Membership

4.3.1. Extinction of the State

4.3.2. Suspension of Membership

4.3.3. Termination of Membership

Chapter 5 Powers

5.1. Sources of Powers

5.1.1. Attribution of Powers

5.1.2. Implied Powers

5.1.3. Inherent Powers

5.1.4. Balance of Powers with Member States

5.1.5. Other Limitations on Powers

5.2. Issues of Ultra Vires Exercise of Powers

Chapter 6 Legal Effects of Acts

6.1. Basis for Legal Effect

6.2. Legal Value of the Act

6.2.1. Binding Legal Effect

6.2.1.1. United Nations Security Council

6.2.1.2. United Nations General Assembly

6.2.1.3. International Court of Justice

6.2.2. Non-Binding Legal Effect

Chapter 7 Organs

7.1. Definition of Organs

7.2. "Family" Structure

7.2.1. Principal Organs

7.2.1.1. Limited Competences

7.2.1.2. Institutional Balance

7.2.1.3. Judicial Review

7.2.2. Subsidiary Organs

7.2.2.1. Independence

7.2.2.2. Judicial Review of a Principal Organ

7.3. Function of the Organ

Chapter 8 Privileges and Immunities

8.1. Legal Basis for Privileges and Immunities

8.1.1. Jurisdiction

8.1.2. Privileges and Immunities

8.2. Justification for Privileges and Immunities of International Organizations

8.2.1. Functional Necessity for Independence

8.2.2. Limitations of the Functional Theory

8.3. Privileges and Immunities Enjoyed by Different Actors

8.3.1. International Organizations

8.3.2. State Representatives

8.3.3. Employees of International Organizations

8.3.4. Experts on Mission

8.3.5. Waiver

Chapter 9 Responsibility

9.1. Responsibility in international law

9.1.1. Possibility for responsibility

9.1.2. General and special rules of responsibility

9.2. General rules on responsibility of international organizations

9.2.1. Existence of a binding international obligation

9.2.2. Attribution of an internationally wrongful act

9.2.2.1. Internationally wrongful act

9.2.2.2. Attribution of the act

9.2.3. Other modes of responsibility

9.2.4. Circumstances precluding wrongfulness

9.2.5. Consequences of responsibility

9.3. Subsidiary responsibility for member states

Chapter 10 Conclusion

Index

Biography

William Worster is a Senior Lecturer at The Hague University of Applied Sciences, where he specializes in international law, international migration law, and the law of international organizations.