Principles of the institutional law of international organizations / by C.F. Amerasinghe.

Format:

Book

Author/Creator:

Amerasinghe, Chittharanjan Felix, 1933- author.

Series:

Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 36.

Cambridge studies in international and comparative law ; 36

Language:

English

Subjects (All):

International agencies.

Physical Description:

1 online resource (xxxiv, 535 pages) : digital, PDF file(s).

Edition:

Second edition.

Place of Publication:

Cambridge : Cambridge University Press, 2005.

System Details:

text file

PDF

Summary:

The second edition of C. F. Amerasinghe's successful book, which covers the institutional aspects of the law of international organizations, has been revised to include, among other things, a new chapter on judicial organs of international organizations, as well as a considerably developed chapter on dispute settlement. There is a rigorous analysis of all the material alongside a functional examination of the law. A brief history of international organizations is followed by chapters on, amongst others, interpretation, membership and representation, international and national personality, judicial organs, the doctrine of ultra vires, liability of members to third parties, employment relations, dissolution and succession, and amendment. Important principles are extracted and discussed, and the practice of different organizations examined.

Contents:

History of international organizations 1

Pervasiveness of international organizations 6

Classifications 9

The concept of international institutional law 13

The nature of international institutional law 15

The sources of the law 20

Methodology 21

2 Interpretation of texts 24

Constitutional interpretation 25

Who may interpret 25

The process of interpretation 33

Difficulties with predictability 33

The Vienna Convention of 1969 39

The jurisprudence 42

Evaluation 59

Decisions of non-judicial organs 61

3 Legal personality 66

The rationale for personality 67

Personality at a non-international level 69

Attribution of international personality 77

Objective personality 86

The consequences of international personality 92

Particular powers 100

4 Membership and representation 105

Membership 105

Admission to membership 105

Continuity, Creation and Succession of States 111

Suspension 114

Termination of membership 117

Withdrawal 117

Expulsion 121

Non-ratification of an amendment to the constitution 124

Disappearance or loss of essential characteristics 124

Representation 125

5 Non-Judicial organs of organizations 131

Plenary organs 132

Composition 132

Powers 135

Organs of limited membership 137

Composition 137

Powers 138

Subsidiary organs 139

Relationship inter se of principal organs 142

Voting 148

Administrative organs 154

6 Acts of non-judicial organs: their legal effect 160

Institutional or organizational acts 163

Operational acts 168

Binding acts 172

Recommendations 175

Duty to consider 177

Duty to co-operate 178

Duty to comply 180

Duty to assist 183

Authorization for action 184

Basis for implementation 185

Evidence for formation of law 186

Other forms of resolutions 187

7 Acts of non-judicial organs: the doctrine of ultra vires 193

The problem and relevance of final adjudication 199

The content of the doctrine of ultra vires 208

8 Judicial organs 217

Forms of organs 217

Qualities of judicial organs flowing from the nature of the judicial power 224

History of the concept of 'fundamental principles' 227

Deducations 234

Implications of the fundamentality of general principles of law 236

Particular matters relating to the principle of judicial independence 238

Qualifications of judges and conditions for selection 238

Emoluments of judges 245

Reappointment of judges 248

Conflict of interest 250

The registry 254

Legislative powers of the creating authority 257

The status of judicial organs 261

Subsidiarity 266

Subordination 267

9 The internal law: employment relations 271

The internal law 271

The law of employment relations 275

Development 275

Need for an independent system of law 277

The internal law as the governing law 279

The nature of the employment relationship 280

Sources of the law 282

Agreements 283

Constituent instruments 285

Staff regulations, staff rules and written sources 286

General principles of law 288

Practice of the organization 290

The hierarchy of sources 294

The nature of control over administrative powers 299

Review of the exercise of powers 299

Discrimination and improper motive 303

Substantive irregularity 304

Procedural irregularities 305

Limitations on the power of amendment 306

10 Privileges and immunities 315

The conventional law 317

Privileges and immunities of organizations 320

Immunity from jurisdiction 320

Property, assets and currency 328

Premises and archives 330

Fiscal matters 335

Communications 335

Privileges and immunities of personnel 337

Representatives of member states 338

Officials 341

Other persons 343

Customary law 344

Claiming immunity and waiver 348

Abuse 350

11 Financing 352

The budget process 355

Control over budgetary expenditure 357

Internal audit 357

External audit 358

The finding of resources 359

Obligatory contributions 359

Limitations on apportionment 362

Voluntary contributions and gifts 364

Self-financing 364

Expenses 365

The obligation to pay 375

The obligation to approve the budget 379

12 Responsibility to and of international organizations 384

Law governing relations between international organizations and other parties 386

Responsibility to international organizations 390

Substantive rights in general 390

Rights in regard to staff 393

The right to bring claims at international law 394

Responsibility of international organizations 399

Substantive obligations 400

The defendant 406

13 The liability of member states vis-a-vis third parties 407

The governing law and problems with the forum 408

The importance of the organization's having personality 412

The liability of members 413

Transactions on the international plane 414

The position at the non-international level 417

Primary and direct liability 417

Liability based on agency 418

Secondary or concurrent liability 420

Text writers 421

Practice 425

The case law 431

General principles of law 436

Deductions 438

The rationale for the better view of the applicable principle 440

The relationship between the organization and members 444

14 Amendment of constitutions 447

Express constitutional provision 448

Principles in customary law 451

Analysis of special provisions 454

The consent principle 455

The majority principle 456

The two principles combined 456

The consequences of an effective amendment 457

Variation 459

Interpretation and amendment 460

Practice and amendment 461

15 Dissolution and succession 464

Dissolution 465

Express provisions for dissolution 466

No express provisions for dissolution 467

Consequences of dissolution 471

Succession 473

16 The settlement of disputes 479

(1) Disputes between states and organizations or between organizations 480

(a) The relevance of the rule of local remedies 482

(b) Diplomatic protection of staff members by national states 487

(c) The institution of claims by organizations 488

(2) Employment disputes 489

(a) Settlement by administrative organs 489

(b) Establishment of internal courts 492

(i) Authority 492

(ii) Reasons 494

(c) The structure of international administrative tribunals 495

(d) Principal operational features of international administrative tribunals 497

(i) Jurisdiction in general 497

(ii) Procedure 499

(iii) Nature of decisions 499

(iv) Reasoning in decisions 501

(v) Remedies 502

(vi) Interpretation, rectification and review 502

(vii) Enforcement of decisions 503

(3) Settlement of disputes involving private parties, states or organizations at the national level 504

(4) Disputes between member states before international organizations 506

(a) Violations of Article 2(4) of the UN Charter 507

(b) General powers of the UN under Chapter VI of the Charter 510.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511614224

Access Restriction:

Restricted for use by site license.