Cases and Materials on the Law of International Organizations
Introduction to international organizationsDefinition of an international organizationInternational organizations as a field of studyOverview of this textbookLaw of treatiesTreaties regarding international organizationsSpecial rules in the law of treaties applying to international organizationsTreaties adopted within an international organizationAdherence to treatiesReservations to treatiesInvalidity of treatiesInterpretation of treatiesCreation and dissolutionCreation of an international organizationInternational legal personalityIdentifying international legal personalityObjective and relative international legal personalityAgreement under international law by subjects of international lawMeaningful independenceCertain objectivesDissolution of an international organizationMembershipTypes of membersQualification for membershipStatehoodOther substantive requirementsAssessing qualificationsProcedural law of the decision on qualificationSuccession to membershipRepresentation and credentialsSuspension or termination of membershipExtinction of the stateSuspension of membershipTermination of membershipPowersSources of powersExpress attribution of powersImplied powersInherent powersBalance of powers with member statesOther limitations on powersISSUES OF ULTRA VIRES ACTSLegal effects of actsBasis for legal effectLegal value of the actBinding legal effectUnited Nations Security CouncilUnited Nations General AssemblyInternational Court of JusticeNon-binding legal effectOrgansDefinition of organs“Family” structurePrincipal organsLimited competencesInstitutional balanceJudicial reviewSubsidiary organsIndependenceJudicial review of a principal organFunction of the organPrivileges and immunitiesLegal basis for privileges and immunitiesJurisdictionPrivileges and immunitiesJustification for privileges and immunities of international organizationsFunctional necessity for independenceLimitations of the functional theoryPrivileges and immunities enjoyed by different actorsInternational organizationsState representativesEmployees of international organizationsExperts on missionWaiverResponsibilityResponsibility in international lawPossibility for responsibilityGeneral and special rules of responsibilityGeneral rules on responsibility of international organizationsExistence of a binding international obligationAttribution of an internationally wrongful actInternationally wrongful actAttribution of the actOther modes of responsibilityCircumstances precluding wrongfulnessConsequences of responsibilitySubsidiary responsibility for member states