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Introduction to International Institutional Law - E-bok - Jan Klabbers () | Bokus
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Read preview. Presently however, this does not seem to carry much weight. It is in the eye of the beholder, and it is thought that the best way to ensure a peace- loving attitude, is actually to incorporate a potentially aggressive state in the UN. Accept the obligations of the Charter Reservations to the Charter, while not explicitly prohibited, are difficult to envisage. Willing to carry out the obligations of the Charter These have not given many problems recently because the matter has always been treated in efficient fashion. Taken literally it would give problems, e.
However, the practice not to order, but to authorize enforcement action, has made it easy for states with a form of neutrality e. Austria to reconcile this neutrality with UN membership. The ICJ has held that the conditions of Art. In the end, applications should be judged in good faith, see Art. In the case Admission of a State, the ICJ stated that action by the GA was conditional upon action by the Council: the Charter had wanted to create a balance between the institutions. Important: within SC, permanent members can use their veto. In some cases, connection between IOs is so close that membership of one is impossible without membership of the other, e.
See also Art.
Other IOs may have different rules, e. EU being member of FAO. See i. However, this cannot always be relied upon. To treat all successor states as successor members, would be difficult because of the idea that membership of IOs is personal.
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For the IO, continuity of commitment will be an important consideration. For new state however, this is not always best. The Vienna Convention not in the book favours continuity of treaty commitments, except with regard to newly independent states former colonies. Czech Republic and Slovakia both applied for membership and they both agreed to start from scratch so neither continued Czechoslovakia. With regard to the SFRY, serious legal problems arose. Since Slovenia, Macedonia, Croatia and Bosn. But, the world community disagreed and treated it like one of the successor states and thus would have to file again for membership.
Serbia applied and was admitted as new UN member in , but this caused problems with the involvement of Serbia before the ICJ. Bosnia had namely started proceedings against Serbia. Then, Serbia of course tried to apply this to the case brought by Bosnia. The Court solved this by insisting that the finding was res judicata a matter already judged. Representation Generally speaking, const. Political sympathies may be influential. This use of credentials is of doubtful. Nevertheless, it can be a reasonable political solution if the alternative is either letting a state fully co-operate, or expelling it from the IO.
Moreover, in some IOs expulsion is legally very difficult, so not-accepting credentials may be a solution. Termination of membership Provided for in e. Downside: if you expel a state, you lose control over it.
ISBN 13: 9780521817745
In some IOs, expulsion is even prohibited! Somewhat softer is suspension of rights and privileges mostly voting , e. Instead of using Art. Another sanction can be reference to the SC in the hope of enforcement action. Whether expulsion or suspension may take place in absence of explicit provision, is debated, argument pro being that if other powers may be implied, why not power to suspend?
Termination of membership will also take place when the IO is dissolved, and by means of withdrawal, or in connection with an amendment of the constituent treaty some IOs provide that when amendment of the treaty is not accepted by a party, the state stops being a member. If a state genuinely withdraws, it will have to apply for membership all over again.
Summary Klabbers - Samenvatting An Introduction to International Institutional Law
But a curious situation has occurred considering Indonesia. It announced that it was to withdraw from the UN in , and indeed it did no longer participate in the IOs work. In it announced it was to resume full co-operation. This was accepted without much discussion, so it appears Indonesia merely did not participate for a while.
Textbooks Law of International Organizations
It did not have to apply for membership again. Same has happened when Soviet bloc withdrew from the WHO; it was seen as cessation of participation. Another remarkable situation was France withdrawing from the NATO, but only partially from the military structure. France justified this by distinguishing the original treaty to which it remained party and the IO founded on the treaty.
Practical questions an problems, e. When breaking the bond of membership, logical to terminate benefits for both the state and its nationals, but it depends on a case by case analysis. Lastly, there is a favour of the continuity of statehood, even if some of the requirements for statehood are no longer met, e. Concluding remarks Issues of membership depend on policy preferences. Membership issues are founded on two ideas: 1 sovereign states submit themselves voluntarily to IOs by becoming members, 2 sovereign states nevertheless retain control over both themselves and the IO.
Immunity does not mean that the law of the host state does not apply at all. The concept of immunity implies that there is something to be immune from: the local legal system. Sometimes this is spelled out explicitly e.
But even when this is not the case, the idea is that local law remains applicable. Also, few IOs will bother to create their own rules on something like working conditions, if the host state has already rules on this. Distinguishing rationales There are several reasons why IOs call for a treatment different from that accorded to states when it comes to privileges and immunities:. No one document governs the diplomatic relations involving IOs and their staff, and those representing states to those IOs.
Instead, the law relating to privileges and immunities of IOs is a labyrinth of treaties and other legal instruments like domestic legislation. Some of those instruments have universal ambition, like the Convention on Privileges and Immunities of the UN. But it only concerns the UN. There are four subjects of attention:. Article II: the UN, its property and assets shall be immune from legal process, unless immunity is waived. The UNs premises, archives and documents are inviolable and the UN shall be exempt from direct taxes, customs duties and restrictions.
Article IV: creates some immunities and exemptions. The UN Convention does not refer to entities with observer status, but it is generally accepted that these too can often rely on a similar degree of protection practice shows an exception, less privileges etc, for observers from liberation movements and NGOs.
Officials of the UN See Art.