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Principles of the Institutional Law of International Organizations

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ISBN-10: 0521837146

ISBN-13: 9780521837149

Edition: 2nd 2004 (Revised)

Authors: C. F. Amerasinghe, James Crawford, John Bell

List price: $144.00
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Description:

This book addresses the institutional aspect of the law of international organisations, starting with a brief history of international organisations and then going on to deal with subjects such as interpretation, internal law, and finances.
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Book details

List price: $144.00
Edition: 2nd
Copyright year: 2004
Publisher: Cambridge University Press
Publication date: 2/17/2005
Binding: Hardcover
Pages: 576
Size: 6.30" wide x 9.25" long x 1.50" tall
Weight: 2.222

Nico Schrijver holds the Chair of International Law and is Academic Director of the Grotius Centre for International Legal Studies at Leiden University. He is author of The Evolution of Sustainable Development in International Law: Inception, Meaning, and Status and Sovereignty over Natural Resources: Balancing Rights and Duties.

John Bell is Assistant Professor of Innovative Communication Design at the University of Maine.

Preface
List of abbreviations
Table of cases
Introduction
History of international organizations
Pervasiveness of international organizations
Classifications
The concept of international institutional law
The nature of international institutional law
The sources of the law
Methodology
Interpretation of texts
Constitutional interpretation
Who may interpret
The process of interpretation
Difficulties with predictability
The Vienna Convention of 1969
The jurisprudence
Evaluation
Decisions of non-judicial organs
Legal personality
The rationale for personality
Personality at a non-international level
Attribution of international personality
Objective personality
The consequences of international personality
Particular powers
Membership and representation
Membership
Admission to membership
Continuity, Creation and Succession of States
Suspension
Termination of membership
Withdrawal
Expulsion
Non-ratification of an amendment to the constitution
Disappearance or loss of essential characteristics
Representation
Non-Judicial organs of organizations
Plenary organs
Composition
Powers
Organs of limited membership
Composition
Powers
Subsidiary organs
Relationship inter se of principal organs
Voting
Administrative organs
Acts of non-judicial organs: their legal effect
Institutional or organizational acts
Operational acts
Binding acts
Recommendations
Duty to consider
Duty to co-operate
Duty to comply
Duty to assist
Authorization for action
Basis for implementation
Evidence for formation of law
Other forms of resolutions
Acts of non-judicial organs: the doctrine of ultra vires
The problem and relevance of final adjudication
The content of the doctrine of ultra vires
Judicial organs
Forms of organs
Qualities of judicial organs flowing from the nature of the judicial power
History of the concept of 'fundamental principles'
Deducations
Implications of the fundamentality of general principles of law
Particular matters relating to the principle of judicial independence
Qualifications of judges and conditions for selection
Emoluments of judges
Reappointment of judges
Conflict of interest
The registry
Legislative powers of the creating authority
Concluding observations
The status of judicial organs
Subsidiarity
Subordination
Conclusion
The internal law: employment relations
The internal law
The law of employment relations
Development
Need for an independent system of law
The internal law as the governing law
The nature of the employment relationship
Sources of the law
Agreements
Constituent instruments
Staff regulations, staff rules and written sources
General principles of law
Practice of the organization
Other sources
The hierarchy of sources
The nature of control over administrative powers
Review of the exercise of powers
Discrimination and improper motive
Substantive irregularity
Procedural irregularities
Limitations on the power of amendment
Privileges and immunities
The conventional law
Privileges and immunities of organizations
Immunity from jurisdiction
Property, assets and currency
Premises and archives
Fiscal matters
Communications
Privileges and immunities of personnel
Representatives of member states
Officials
Other persons
Customary law
Claiming immunity and waiver
Abuse
Financing
The budget process
Control over budgetary expenditure
Internal audit
External audit
The finding of resources
Obligatory contributions
Limitations on apportionment
Voluntary contributions and gifts
Self-financing
Expenses
The obligation to pay
The obligation to approve the budget
Responsibility to and of international organizations
Law governing relations between international organizations and other parties
Responsibility to international organizations
Substantive rights in general
Rights in regard to staff
The right to bring claims at international law
Responsibility of international organizations
Substantive obligations
The defendant
The liability of member states vis-a-vis third parties
The governing law and problems with the forum
The importance of the organization's having personality
The liability of members
Transactions on the international plane
The position at the non-international level
Primary and direct liability
Liability based on agency
Secondary or concurrent liability
Text writers
Practice
The case law
General principles of law
Deductions
The rationale for the better view of the applicable principle
The relationship between the organization and members
Conclusion
Amendment of constitutions
Express constitutional provision
Principles in customary law
Analysis of special provisions
The consent principle
The majority principle
The two principles combined
The consequences of an effective amendment
Variation
Interpretation and amendment
Practice and amendment
Dissolution and succession
Dissolution
Express provisions for dissolution
No express provisions for dissolution
Consequences of dissolution
Succession
The settlement of disputes
Disputes between states and organizations or between organizations
The relevance of the rule of local remedies
Diplomatic protection of staff members by national states
The institution of claims by organizations
Employment disputes
Settlement by administrative organs
Establishment of internal courts
Authority
Reasons
The structure of international administrative tribunals
Principal operational features of international administrative tribunals
Jurisdiction in general
Procedure
Nature of decisions
Reasoning in decisions
Remedies
Interpretation, rectification and review
Enforcement of decisions
Settlement of disputes involving private parties, states or organizations at the national level
Disputes between member states before international organizations
Violations of Article 2(4) of the UN Charter