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Cambridge Studies in International and Comparative Law : Principles of the Institutional Law of International Organizations Series Number 36 - C. F. Amerasinghe

Cambridge Studies in International and Comparative Law

Principles of the Institutional Law of International Organizations Series Number 36


Published: 18th April 2005
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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.

'Principles of the Institutional Law of International Organizations is still one of the best general works available on organizations.' Netherlands International Law Review '... analytical and explanatory, and the author reasons and discusses issues in depth. ... answers hypothetical questions where the development in legislation or legal practice has not yet become firm enough to be able to offer an answer to the numerous questions that still remain open in the field of international institutional law. ... Amerasinghe commendably dares to take the extra step from the law in force to the law in the making and offers suggestions for solutions, which suggestions may well contribute to the development of the law.' International Organizations Law Review '... when the first edition of C. F. Amerasinghe's book on international organizations was published there was a gap in the literature on the topic. There was a need for an up-to-date book that could serve as a manageable guide to institutional law ... The book ... met the need so effectively that its structuring of institutional law is still today of some impact. ... the merits of the book have been located in its general characterization of institutional law, in the identification of both possibilities and limits to the very idea of a law of organizations, and in pinpointing the relationship of institutional law to other areas of international law. ... The first question that arises is why a revision is necessary. Amerasinghe answers this question himself. The ever increasing attention paid to judicial organs of organizations required including them into the book.' Netherlands International Law Review

Prefacep. xiii
List of abbreviationsp. xv
Table of casesp. xxiii
Introductionp. 1
History of international organizationsp. 1
Pervasiveness of international organizationsp. 6
Classificationsp. 9
The concept of international institutional lawp. 13
The nature of international institutional lawp. 15
The sources of the lawp. 20
Methodologyp. 21
Interpretation of textsp. 24
Constitutional interpretationp. 25
Who may interpretp. 25
The process of interpretationp. 33
Difficulties with predictabilityp. 33
The Vienna Convention of 1969p. 39
The jurisprudencep. 42
Evaluationp. 59
Decisions of non-judicial organsp. 61
Legal personalityp. 66
The rationale for personalityp. 67
Personality at a non-international levelp. 69
Attribution of international personalityp. 77
Objective personalityp. 86
The consequences of international personalityp. 92
Particular powersp. 100
Membership and representationp. 105
Membershipp. 105
Admission to membershipp. 105
Continuity, Creation and Succession of Statesp. 111
Suspensionp. 114
Termination of membershipp. 117
Withdrawalp. 117
Expulsionp. 121
Non-ratification of an amendment to the constitutionp. 124
Disappearance or loss of essential characteristicsp. 124
Representationp. 125
Non-Judicial organs of organizationsp. 131
Plenary organsp. 132
Compositionp. 132
Powersp. 135
Organs of limited membershipp. 137
Compositionp. 137
Powersp. 138
Subsidiary organsp. 139
Relationship inter se of principal organsp. 142
Votingp. 148
Administrative organsp. 154
Acts of non-judicial organs: their legal effectp. 160
Institutional or organizational actsp. 163
Operational actsp. 168
Binding actsp. 172
Recommendationsp. 175
Duty to considerp. 177
Duty to co-operatep. 178
Duty to complyp. 180
Duty to assistp. 183
Authorization for actionp. 184
Basis for implementationp. 185
Evidence for formation of lawp. 186
Other forms of resolutionsp. 187
Acts of non-judicial organs: the doctrine of ultra viresp. 193
The problem and relevance of final adjudicationp. 199
The content of the doctrine of ultra viresp. 208
Judicial organsp. 217
Forms of organsp. 217
Qualities of judicial organs flowing from the nature of the judicial powerp. 224
History of the concept of 'fundamental principles'p. 227
Deducationsp. 234
Implications of the fundamentality of general principles of lawp. 236
Particular matters relating to the principle of judicial independencep. 238
Qualifications of judges and conditions for selectionp. 238
Emoluments of judgesp. 245
Reappointment of judgesp. 248
Conflict of interestp. 250
The registryp. 254
Legislative powers of the creating authorityp. 257
Concluding observationsp. 258
The status of judicial organsp. 261
Subsidiarityp. 266
Subordinationp. 267
Conclusionp. 269
The internal law: employment relationsp. 271
The internal lawp. 271
The law of employment relationsp. 275
Developmentp. 275
Need for an independent system of lawp. 277
The internal law as the governing lawp. 279
The nature of the employment relationshipp. 280
Sources of the lawp. 282
Agreementsp. 283
Constituent instrumentsp. 285
Staff regulations, staff rules and written sourcesp. 286
General principles of lawp. 288
Practice of the organizationp. 290
Other sourcesp. 292
The hierarchy of sourcesp. 294
The nature of control over administrative powersp. 299
Review of the exercise of powersp. 299
Discrimination and improper motivep. 303
Substantive irregularityp. 304
Procedural irregularitiesp. 305
Limitations on the power of amendmentp. 306
Privileges and immunitiesp. 315
The conventional lawp. 317
Privileges and immunities of organizationsp. 320
Immunity from jurisdictionp. 320
Property, assets and currencyp. 328
Premises and archivesp. 330
Fiscal mattersp. 335
Communicationsp. 335
Privileges and immunities of personnelp. 337
Representatives of member statesp. 338
Officialsp. 341
Other personsp. 343
Customary lawp. 344
Claiming immunity and waiverp. 348
Abusep. 350
Financingp. 352
The budget processp. 355
Control over budgetary expenditurep. 357
Internal auditp. 357
External auditp. 358
The finding of resourcesp. 359
Obligatory contributionsp. 359
Limitations on apportionmentp. 362
Voluntary contributions and giftsp. 364
Self-financingp. 364
Expensesp. 365
The obligation to payp. 375
The obligation to approve the budgetp. 379
Responsibility to and of international organizationsp. 384
Law governing relations between international organizations and other partiesp. 386
Responsibility to international organizationsp. 390
Substantive rights in generalp. 390
Rights in regard to staffp. 393
The right to bring claims at international lawp. 394
Responsibility of international organizationsp. 399
Substantive obligationsp. 400
The defendantp. 406
The liability of member states vis-a-vis third partiesp. 407
The governing law and problems with the forump. 408
The importance of the organization's having personalityp. 412
The liability of membersp. 413
Transactions on the international planep. 414
The position at the non-international levelp. 417
Primary and direct liabilityp. 417
Liability based on agencyp. 418
Secondary or concurrent liabilityp. 420
Text writersp. 421
Practicep. 425
The case lawp. 431
General principles of lawp. 436
Deductionsp. 438
The rationale for the better view of the applicable principlep. 440
The relationship between the organization and membersp. 444
Conclusionp. 445
Amendment of constitutionsp. 447
Express constitutional provisionp. 448
Principles in customary lawp. 451
Analysis of special provisionsp. 454
The consent principlep. 455
The majority principlep. 456
The two principles combinedp. 456
The consequences of an effective amendmentp. 457
Variationp. 459
Interpretation and amendmentp. 460
Practice and amendmentp. 461
Dissolution and successionp. 464
Dissolutionp. 465
Express provisions for dissolutionp. 466
No express provisions for dissolutionp. 467
Consequences of dissolutionp. 471
Successionp. 473
The settlement of disputesp. 479
Disputes between states and organizations or between organizationsp. 480
The relevance of the rule of local remediesp. 482
Diplomatic protection of staff members by national statesp. 487
The institution of claims by organizationsp. 488
Employment disputesp. 489
Settlement by administrative organsp. 489
Establishment of internal courtsp. 492
Authorityp. 492
Reasonsp. 494
The structure of international administrative tribunalsp. 495
Principal operational features of international administrative tribunalsp. 497
Jurisdiction in generalp. 497
Procedurep. 499
Nature of decisionsp. 499
Reasoning in decisionsp. 501
Remediesp. 502
Interpretation, rectification and reviewp. 502
Enforcement of decisionsp. 503
Settlement of disputes involving private parties, states or organizations at the national levelp. 504
Disputes between member states before international organizationsp. 506
Violations of Article 2(4) of the UN Charterp. 507
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780521545570
ISBN-10: 0521545579
Series: Cambridge Studies in International and Comparative Law
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 574
Published: 18th April 2005
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.8 x 15.2  x 3.2
Weight (kg): 0.75
Edition Number: 2
Edition Type: Revised