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