The Legal Position Of Intergovernmental Organizations
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The Legal Position Of Intergovernmental Organizations
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Author : Peter Bekker
language : en
Publisher: Springer
Release Date : 1994-06-02
The Legal Position Of Intergovernmental Organizations written by Peter Bekker and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-06-02 with Business & Economics categories.
Presents an overall functional necessity approach to the study of the legal position of intergovernmental organizations. The text provides a three-step analysis that relates an organization's legal status, privileges and immunities to the functions and purposes of the organization.
The Legal Position Of Intergovernmental Organizations
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Author : Pieter H.F. Bekker
language : en
Publisher: BRILL
Release Date : 2023-11-27
The Legal Position Of Intergovernmental Organizations written by Pieter H.F. Bekker and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-27 with Business & Economics categories.
This book is the first treatise in English to present an overall functional necessity approach to the study of the legal position of intergovernmental organizations. According to this approach, an international organization is entitled to (no more than) what is strictly necessary for the exercise of its functions in the fulfilment of its purpose. The book provides a three-step analysis that relates an organization's legal status, privileges and immunities to the functions and purposes of the organization. After a review of the work of the International Law Commission on Relations between States and International Organizations, between 1962 and 1992, the author first introduces an identification process of the study's subject matter and scope ratione personae, i.e. the legal status of intergovernmental organizations. The legal personality, legal capacities, and competence (powers) of international organizations are analyzed from the perspective of their functions and purposes. Step Two presents a review of the basic considerations in granting organizational immunities, and their legal sources. Step Three focuses on the `official activities' of international organizations, which is the core of the application of functional necessity in determining the extent of organizational immunities. The book also reviews existing methods of counterbalancing organizational immunities, and applies the three-step functional necessity analysis to a case study of the International Tin Council. Finally, a general conclusion underlines the character of organizational immunity law as a balanced and self-contained régime.
The Legal Position Of Intergovernmental Organizations
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Author : Peter Henri Fredericus Bekker
language : en
Publisher:
Release Date : 1994
The Legal Position Of Intergovernmental Organizations written by Peter Henri Fredericus Bekker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with categories.
The Legal Status Of International Non Governmental Organizations
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Author : Rephael Harel Ben-Ari
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-08-08
The Legal Status Of International Non Governmental Organizations written by Rephael Harel Ben-Ari and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-08 with Business & Economics categories.
The discourse regarding the legal status of international non-governmental organizations (INGOs) is not new; in fact, it has already progressed throughout the last 100 years. However, most of the proposals to grant official status to INGOs, or to otherwise regulate their cross-border activity, are relatively unknown to international lawyers. A perusal of these initiatives against their unique historical background will prove highly significant in dissecting the complexities involved in formulating a comprehensive scheme for the regulation of INGOs. Innovatively, this work outlines and evaluates the sequence of attempts to propose a formal status for INGOs. It demonstrates how this historical contextual analysis provides an invaluable perspective that is essential for the informed review of contemporary schemes and theoretical trends, relevant to the consideration of the status of INGOs. Unfortunately, most contemporary writers and activists who deal with the normative aspects of INGO activity neglect this crucial perspective.
Membership In International Organizations
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Author : Gerd Droesse
language : en
Publisher: Springer Nature
Release Date : 2019-12-19
Membership In International Organizations written by Gerd Droesse and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-19 with Law categories.
This book proposes that fundamental concepts of institutional law need to be rethought and revised. Contrary to conventional wisdom, international organizations do not need to have members, and the members do not need to be states and international organizations. Private sector entities may, for instance, also be full members. Furthermore, international organizations do not need to possess international legal personality, nor is their autonomy a corollary of their personality. Moreover, the notion of “subject of international law” also needs to be reconsidered and the very concepts and definitions of “intergovernmental organization” and “international organization” need to change and be defined in a wider manner. In this publication the legal implications of membership are analyzed and a new analytical framework for international organizations is proposed. The argument is propounded that the power of creation of new organizations has passed over to international organizations and other entities while an outlook on future development is also presented. Dr. Gerd Droesse is a recognized specialist in institutional law, international administrative law, complex institutional and financial policy matters and corporate governance issues, with over 30 years of experience in working for international organizations in senior and management positions. He was the Legal Counsel/Acting General Counsel of the Green Climate Fund and assisted the World Green Economy Organization as General Counsel in its transition to a new type of intergovernmental organization.
Common Law Of International Organizations
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Author : Finn Seyersted
language : en
Publisher: BRILL
Release Date : 2008-06-04
Common Law Of International Organizations written by Finn Seyersted and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-04 with Business & Economics categories.
This work provides a comprehensive theory of the system of legal norms that are developed partly in the internal written (constitutional) law of intergovernmental organizations and partly through their consistent practice, and that are therefore common to intergovernmental organizations. The legal construction presented in this volume consists of the following main elements: As for all other self-governing communities all intergovernmental organizations possess their own internal law governing their relations with 1) the organs of the organization, 2) the officials and 3) the member states in their capacity as members of the organization. Some organizations exercise in addition extended (delegated) jurisdiction over states, other organizations and/or individuals. Secondly, as for other self-governing communities all intergovernmental organizations are subjects of public international law in their relations with other self-governing communities (states and other intergovernmental organizations), and in the case of extended jurisdiction, also in relations with individuals and private entities. Thirdly, as for all other self-governing communities possessing its own internal law (its distinct lex personalis), intergovernmental organizations enter into relations of a private law nature with both public and private entities. Governed by the rules on conflict of laws, these relations must be determined by assessing relevant 1) personal, 2) territorial and 3) organic connecting factors. Thus Common Law of Intergovernmental Organizations brings together all those elements pertaining to the theory of objective legal personality that have been presented in a scattered fashion, in bits and pieces. Common Law of Intergovernmental Organizations, starting out from the position of objective legal personality, is fully compatible with modern requirements of good governance and accountability of international organizations, and particularly adaptable to the ideal of “systemic integration” of legal regimes constituting internal law of the organization.
The Legal Status Privileges And Immunities Of The Specialized Agencies Of The United Nations And Certain Other International Organizations
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Author : Kuljit Ahluwalia
language : en
Publisher: Springer
Release Date : 2012-12-06
The Legal Status Privileges And Immunities Of The Specialized Agencies Of The United Nations And Certain Other International Organizations written by Kuljit Ahluwalia and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
The past century has been a period of revolutionary change in many fields of human activity, in institutions and in thought. This period has seen the need of adjustment of state institutions and legal concepts to the needs of greater international cooperation. During the half century preceding the First World War, cooperation by governments outside the traditional diplomatic channels and procedures was largely limited to highly technical organizations, commonly referred to as public international unions, dealing with such matters as the im provement of postal communications and the control of contagious diseases. With the establishment of the League of Nations and the International Labor Organization at the end of the First World War, organized international cooperation assumed greater importance and the need was recognized of giving to the instruments of such cooper ation legal status and rights which would facilitate the effective performance of their functions. This proved to be a difficult adjustment for legal theory to make since the enjoyment of special privileges and immunities had been based in traditional international law on the fiction of state sovereignty. The new international organizations, while performing functions of the kind performed by national govern ments, were far from possessing the powers of such governments. The failure of the League of Nations to achieve its major purpose did not signify any permanent decline in the role of organized inter national cooperation.
International Organizations And Their Host States
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Author : A.S. Muller
language : en
Publisher: BRILL
Release Date : 2023-12-21
International Organizations And Their Host States written by A.S. Muller and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-21 with Business & Economics categories.
Since 1945 there has been a tremendous growth in the number of international organizations, leading to the development of a body of law regulating the relationship between the organizations and their host states. International Organizations and their Host States examines the relationship from a practical perspective. Before examining the legal status, privileges and immunities that have commonly been granted to international organizations, the diverse sources where the law can be found are brought together in a new concept: the host arrangement. This concept forms an anchor for the examination of the following aspects of the legal relationship: the legal personality of the organization, the status of its seat, the inviolability of its premises, assets and archives, its jurisdictional immunity, its communications privileges, and its fiscal, customs and financial privileges. In conclusion, the legal concepts underlying the relationship between international organizations and their host states are analyzed and suggestions are made on improving the coherency of the law.
International Organizations
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Author : Jan Klabbers
language : en
Publisher: Routledge
Release Date : 2017-05-15
International Organizations written by Jan Klabbers and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-15 with Law categories.
International organizations have come to occupy a central position in international governance, exercising many public functions and facilitating political debate amongst states and other actors, though it is only recently that the focus of legal discussions has begun to shift to controlling the activities of organizations. This volume assembles sixteen important essays addressing various issues relating to the law of international organizations, highlighting theoretical issues and ongoing political debates and emphasizing issues of control. The introductory essay provides an overview of the development of the politico-legal debate and situates the law of international organizations historically and in its contemporary context.
Research Handbook On The Law Of International Organizations
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Author : Jan Klabbers
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-05
Research Handbook On The Law Of International Organizations written by Jan Klabbers and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05 with Political Science categories.
This pioneering Research Handbook with contributions from renowned experts, provides an overview of the general doctrines making up the law of international organizations.The approach of this book is taken from a novel perspective: that of the tension between functionalism and constitutionalism. In doing so, this Handbook presents not only practically relevant information, but also provides a tool for understanding the ways in which internationalorganizations work. It has separate chapters on specific 'constitutional' topics and on two specific organizations: the EU and the UN. Research Handbook on the Law of international Organizations will be of particular interest to academics and graduate students in the fields ofinternational law, international politics and international relations.