Journal ArticleDOI
Liability to Third Parties of Member States of International Organizations: Practice, Principle and Judicial Precedent
TLDR
In this paper, the International Tin Council (ITC) cases were decided by the English courts on whether member states of the ITC were secondarily or concurrently liable to third parties for the debts of the organization.Abstract:
One of the principal issues of interest to international lawyers in the International Tin Council cases decided by the English courts was whether member states of the International Tin Council (ITC) were secondarily or concurrently liable to third parties for the debts of the organization. This issue may arise when two or more states form an organization with legal personality that can perform functions with legal consequences. In the course of performing these functions, such an organization may incur liabilities to third parties. These third parties may be states, other organizations, individuals or legal persons. The states may be member states of the organization itself or other states, and the individuals and legal persons may be nationals of member states or not. The liabilities may emanate from transactions, such as international agreements between states and the organization, that take place at the international level and may be governed by international law; or they may stem from transactions governed by municipal law, whether between the organization and states, individuals or legal persons. Such liabilities may be contractual, quasi-contractual or delictual.read more
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Book
Necessity, Proportionality and the Use of Force by States
TL;DR: In this article, a comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States is presented, along with a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
Book
The Analogy between States and International Organizations
TL;DR: The authors investigates how an analogy between States and international organizations has influenced and supported the development of the law that applies to intergovernmental institutions on the international plane, and discusses the elusive position that international organizations occupy in the international legal system.
Posted Content
The Rules of International Organizations and the Law of International Responsibility
TL;DR: The role of the so-called "rules of the organization" in the draft Articles on the Responsibility of International Organizations (DARIO), adopted by the International Law Commission (ILC) on first reading, is discussed in this article, where the authors argue that the ILC's indecision has left the DARIO with a fluctuating scope of application concerning various provisions such as the attribution of conduct, the breach of an international obligation, the obligation to make reparation, and countermeasures against an international organization.
Dissertation
The jurisdictional immunities of international organisations and their officials
TL;DR: In this paper, the authors consider the questions of the jurisdictional immunities of international organisations and their officials as the means whereby international organisations can be accommodated within the system of international law which allocates jurisdictional competence to States.
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Journal ArticleDOI
Notes on Legal Questions Concerning the United Nations Reparation for Injuries suffered in the Service of the United Nations
TL;DR: The International Court of Justice on April 11, 1949, gave its unanimous opinion that the United Nations as an organization has the capacity to bring an international claim against the responsible de jure or de facto government with a view to obtaining the reparation due in respect of the damage caused as discussed by the authors.