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Questions and Answers
What is one of the main responsibilities of member states regarding the UN?
What is one of the main responsibilities of member states regarding the UN?
What legal principle did the ICJ's advisory opinion establish regarding international organizations?
What legal principle did the ICJ's advisory opinion establish regarding international organizations?
What is the significance of the constitutive agreement in creating an International Organization (IO)?
What is the significance of the constitutive agreement in creating an International Organization (IO)?
Which of the following interpretations is NOT outlined in the Vienna Convention on the Law of Treaties (VCLT)?
Which of the following interpretations is NOT outlined in the Vienna Convention on the Law of Treaties (VCLT)?
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What does the advisory opinion underscore regarding the UN's duty?
What does the advisory opinion underscore regarding the UN's duty?
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What occurs when the constitutional agreement of an organization comes into effect?
What occurs when the constitutional agreement of an organization comes into effect?
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What concept describes the ability of international organizations to have their powers inferred beyond explicitly stated ones?
What concept describes the ability of international organizations to have their powers inferred beyond explicitly stated ones?
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How are international organizations viewed under international law?
How are international organizations viewed under international law?
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What best describes a self-executing obligation in international law?
What best describes a self-executing obligation in international law?
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Which of the following best explains the relationship between enforcement of international law and international dispute settlement?
Which of the following best explains the relationship between enforcement of international law and international dispute settlement?
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In legal contexts, what is the fundamental aspect that differentiates a 'dispute' from other forms of conflict?
In legal contexts, what is the fundamental aspect that differentiates a 'dispute' from other forms of conflict?
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Which circumstance related to the Articles on Responsibility (ARSIWA) precludes wrongfulness?
Which circumstance related to the Articles on Responsibility (ARSIWA) precludes wrongfulness?
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What is shared responsibility in international law?
What is shared responsibility in international law?
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Which of the following best distinguishes sanctions from countermeasures?
Which of the following best distinguishes sanctions from countermeasures?
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Under what condition may international organizations be held liable for internationally wrongful acts?
Under what condition may international organizations be held liable for internationally wrongful acts?
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What does aggravated responsibility refer to in international law?
What does aggravated responsibility refer to in international law?
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When parties to an earlier treaty are also parties to a later treaty, how does the earlier treaty apply if it has not been terminated?
When parties to an earlier treaty are also parties to a later treaty, how does the earlier treaty apply if it has not been terminated?
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If a State is a party to both an earlier and a later treaty, while another State is a party to only the earlier treaty, which treaty governs their relationship?
If a State is a party to both an earlier and a later treaty, while another State is a party to only the earlier treaty, which treaty governs their relationship?
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Which concept is described by the Latin term 'Lex posterior derogate priori'?
Which concept is described by the Latin term 'Lex posterior derogate priori'?
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What does 'jus cogens' refer to in international law?
What does 'jus cogens' refer to in international law?
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What is the implication of 'pacta sunt servanda' in international law?
What is the implication of 'pacta sunt servanda' in international law?
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Which principle governs the relationship between the international community and state obligations?
Which principle governs the relationship between the international community and state obligations?
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What does the principle of attribution of conduct refer to in state responsibility?
What does the principle of attribution of conduct refer to in state responsibility?
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What does 'lex specialis derogate generali' imply about legal regulations?
What does 'lex specialis derogate generali' imply about legal regulations?
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Study Notes
International Law: International Organizations
- International Organizations (IOs) are entities established by treaties or other agreements between sovereign states to facilitate cooperation on specific issues.
- IGOs (Intergovernmental Organizations) are composed of member states, such as the United Nations and the World Trade Organization.
- NGOs (Non-Governmental Organizations) are typically composed of individuals or groups, focusing on social, humanitarian, or environmental issues.
- IOs can be created by sovereign states, existing IOs or through international conferences.
- The creation of IOs is governed by international law, treaty law, and member state consent.
- Founding treaties establish the organization's structure, purpose, and governance.
Importance of Legal Personality
- Having legal personality allows an organization to enter contracts, sue and be sued in court, and own property.
- Under domestic law, an IO is recognized as having rights and obligations similar to a natural person or corporation.
- International legal personality means organizations are recognized under international law; enabling them to engage in diplomatic relations and enter into treaties.
- Attributed personality of an organization is based on its creation through treaties and its recognition by member states.
The United Nations: Purposes and Principles, Structure, and Main Bodies
- The UN's primary purposes are maintaining international peace and security, developing friendly relations among nations, achieving international cooperation, and promoting human and fundamental rights for all individuals.
- The UN is structured around six principal organs: the General Assembly, Security Council, Secretariat, Economic and Social Council, Trusteeship Council, and the International Court of Justice.
- The General Assembly is a deliberative body for discussing issues related to the UN, including recommendations for member states.
- The Security Council is responsible for maintaining international peace and security, and can impose sanctions and authorize the use of force.
- The Secretariat carries out the day-to-day work and functions as the administrative arm of the UN.
- The Economic and Social Council focuses on international cooperation in social and economic matters.
- The Trusteeship Council is responsible for managing trust territories and preparing them for self-governance.
- The International Court of Justice is the principal judicial organ of the UN.
The International Court of Justice (ICJ)
- The ICJ is the principal judicial organ of the UN.
- The ICJ handles disputes between states and issues advisory opinions; however, its jurisdiction relies on the consent of states.
- States can accept the ICJ jurisdiction through declarations or special agreements.
- The ICJ's decisions are binding on the parties to a case, but their enforcement depends on political will and the UN Security Council.
Privileges and Immunities of the United Nations
- The privileges and immunities of the UN are essential for its functioning as an international organization.
- This includes inviolability of premises, immunity from taxation, immunity from legal process, and freedom of communication.
- A primary legal instrument governing privileges and immunities is the 1946 Convention on the Privileges and Immunities of the United Nations.
The Law Governing International Organizations
- IOs are established through various processes (e.g., Founding Treaties, subsequent agreements, or acts).
- Typically, international organizations are composed of states.
- These entities have powers related to decision-making, treaty-making, and implementation. States can influence these entities by factors such as funding provided, and the relationships between states.
Reservations in Treaties
- A reservation is a unilateral statement made by a state when signing, ratifying, or accepting a treaty. It excludes or modifies the legal effect of certain treaty provisions in relation to that state. The Vienna Convention on the Law of Treaties (VCLT) provides guidance for understanding and applying reservations.
- Reservations are valid if they are compatible with the object and purpose of the treaty and are expressed clearly and communicated properly.
- State parties can object to or accept reservations, which can affect how the treaty is applied between the reserving state and other parties.
Treaty Interpretation
- The VCLT (Vienna Convention on the Law of Treaties) outlines principles for interpreting treaties, emphasizing good faith, the ordinary meaning of terms within their context, and surrounding circumstances.
- Interpretations can consider subsequent agreements, practices, and relevant legal norms.
- Different interpretative approaches may apply depending on the specific context of the treaty.
- The principles of legality, proportionality, and non-discrimination remain essential considerations.
Successive Treaties
- The VCLT governs successive treaties in relation to the same subject matter. Article 30(1) deals with situations where two successive treaties relate to the same subject, but clarify which treaty prevails.
- If a later treaty replaces an earlier one, or is directly contradictory, then the later treaty prevails.
Administrative Law
- Administrative law governs the actions of government agencies and their relationship with individuals.
- It regulates administrative power and responsibilities, defining the scope of power granted to agencies.
- The rule of law, legality, transparency, proportionality, and fairness/due process are crucial elements.
- Administrative law plays a crucial role in ensuring governance, accountability, and protection of citizens from abuse of power.
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