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Vol 21 No 9 Sept/Oct 2016

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Judicial Decisions on the Law of International Organizations

Edited by: Cedric Ryngaert, Ige F. Dekker, Ramses A. Wessel, Jan Wouters

ISBN13: 9780198743613
Published: March 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £34.99
Hardback edition , ISBN13 9780198743620

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With the rising relevance of international organizations in international affairs, and the general turn to litigation to settle disputes, international institutional law issues have increasingly become the subject of litigation, before both international and domestic courts.

The judicial treatment of this field of international law is addressed in Judicial Decisions on the Law of International Organizations through commentary on excerpts of the most prominent international and domestic judicial decisions that are relevant to the law of international organizations, providing in-depth analysis of judicial decisions.

The commentaries written and edited by leading experts in the field of international institutional law, they are opinionated and critically engage with the decision in question, with commentators' and stakeholders' reactions thereto, and with later decisions, codifications, and reports.

Public International Law
General Introduction
1. Legal status (personality)
1.1 Reparation for Injuries Suffered in the Service of the United Nations, advisory opinion, [1949] ICJ Reports 174
1.2 Case 22/70, Commission v. Council (European Road Transport Agreement), Court of Justice of the EC, [1971] ECR 263
1.3 Maclaine Watson & Co. Ltd v. International Tin Council, 26 October 1989, United Kingdom House of Lords, 81 ILR 670
1.4 Arab Monetary Fund v. Hashim and others, 21 February 1991, United Kingdom House of Lords, 85 ILR 1
1.5 Cases 7/56 and 3/57-7/57, Algera, Court of Justice of the EC, [1957-8] ECR 39 and Case C-327/91, France v. Commission, Court of Justice of the EC, [1994] ECR I-3641
1.6 Application of the Interim Accord of 13 September 1995 (The Former Yugoslav Republic of Macedonia v. Greece), judgment, [2011], ICJ Reports 644
2. Legal powers
2.1 Interpretation of the Greco-Turkish Agreement of December 1st, 1926, [1928] Publ. PCIJ, Series B, No.
2.2 Effect of Awards of Compensation made by the United Nations Administrative Tribunal, advisory opinion, [1954] ICJ Reports 47
2.3 Certain Expenses of the United Nations (Article 17, paragraph 2 of the Charter), advisory opinion, [1962] ICJ Reports 151
2.4 Legality of the Use by a State of Nuclear Weapons in Armed Conflict, advisory opinion, [1996] ICJ Reports 66
3. Institutional structures and position of members
3.1 Case concerning Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom), order, [1992] ICJ Reports 3
3.2 Prosecutor v. Dusko Tadi?, IT-94-1-AR72, Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia, 2 October 1995
3.3 Conditions of admission of a State to membership in the United Nations (Article 4 of Charter), advisory opinion, [1948] ICJ Reports 57 and Competence of the General Assembly for the Admission of a State to the United Nations, advisory opinion, [1950] ICJ Reports 4
4. Legal acts
4.1 Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), advisory opinion, [1971] ICJ Reports 16
4.2 Solange I, BverfGE 37, 291, 29 May 1974
Solange II, BverfGE 73, 339, 22 October 1986
Solange III, BverfGE 89, 155 12 October 1993
and Solange IV, BverfGE 102, 147, 7 June 2000
4.3 Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. USA), merits, [1986] ICJ Reports 14
4.4 Youssef Nada v. State Secretariat for Economic Affairs and Federal Department of Economic Affairs, Administrative appeal judgment, Case No.
1A 45/2007, Switzerland, Federal Tribunal, 14 November 2007, 133 BGE II 450
ILDC 461 (CH2007)
4.5 Cases C-402/05 P and C-415/05 P, Yassin Abdullah Kadi and Al Barakaat International Foundation v. Council and Commission, Court of Justice of the EC, [2008] ECR I-6351
Case T-85/09, Kadi v. Commission [2010] ECR II-5177
Joined Cases C-584/10 P, C-593/10 P and C-595/10 P, Commission and United Kingdom v. Kadi, Judgment of the Court (Grand Chamber) of 18 July 2013
5. Obligations
5.1 Case 21-24/72, International Fruit Company v. Produktschap voor Siergewassen, Court of Justice of the EC, [1972] ECR 1219
5.2 Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt, advisory opinion, [1980] ICJ Reports 73
5.3 Case No. IT-95-9-PT, Decision on the Motion for a Judicial Assistance to be Provided by SFOR and Others, Trial Chamber of the International Criminal Tribunal for the former Yugoslavia, 18 October 2000
6. Responsibility and accountability
6.1 Westland Helicopters Ltd v. Arab Organization for Industrialization, United Arab Emirates, Kingdom of Saudi Arabia, State of Qatar, Arab Republic of Egypt and Arab British Helicopter Company, Arbitration, 5 March 1984, 80 ILR 600
6.2 Arab Organization for Industrialization and others v. Westland Helicopters Ltd, Swiss Federal Supreme Court (First Civil Court), 19 July 1988, 80 ILR 652
6.3 Matthews v. The United Kingdom, App. No.
24833/94, European Court of Human Rights, 18 February 1999
6.4 Bankovic and Others v. Belgium and 16 other Contracting States, App. No.
52207/99, European Court of Human Rights, 12 December 2001
(Case Concerning Legality of Use of Force (Serbia and Montenegro v. Belgium), Preliminary Objections, Judgment, [2004] ICJ Reports 279)
6.5 Bosphorus Hava Yollari Turizm veTicaret Anonim Sirketi v. Ireland, App. No.
45036/98, European Court of Human Rights, 30 June 2005
6.6 Agim Behrami and Bekir Behrami v. France, App. No.
71412/01 and Ruzhdi Saramti v. France, Germany and Norway, App. No.
78166/01, European Court of Human Rights, 2 May 2007
6.7 Gasparini v. Italy and Belgium, App. No.
10750/03, Admissibility Decision, European Court of Human Rights, 12 May 2009
6.8 Mukeshimana - Nguilinzira and ors. v. Belgium and ors., Brussels Court of First Instance, ILDC 1604 (BE 2010), 8 December 2010
6.9 Nuhanovic v. Netherlands, Appeal Judgement, LJN: R5388, ILDC 1742 (NL 2011) and Mustafic v. Netherlands, Appeal Judgement, LJN: BR 5386, Dutch Court of Appeals, 5 July 2011
6.10 Al-Jedda v. United Kingdom, App. No.
27021/08, European Court of Human Rights, 7 July 2011
7. Immunity
7.1 Manderlier v. Organisation des Nations Unies and Etat Belge (Ministre des Affaires Etrangeres), Tribunal Civil de Bruxelles, 11 May 1966, Journal des Tribunaux, 10 December 1966, No.
4553, 121
7.2 Abdi Hosh Askir v. Boutros Boutros-Ghali, Joseph E. Connor et al., US District Court SDNY, 29 July 1996, 933 F. Suppl.
368 (SDNY 1996)
7.3 Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, advisory opinion, [1999] ICJ Reports 62
7.4 Beer and Regan v. Germany, App. No.
28934/95 and Waite and Kennedy v. Germany, App. No.
26083/94, European Court of Human Rights, 18 February 1999
7.5 League of Arab States v. T., Belgian Court of Cassation, 127 ILR (2005) 94, 12 March
7.6 Prewitt Enterprises Inc and ors v Organization of Petroleum Exporting Countries, Appeal judgment, 353 F3d 916 (11th Cir 2003)
ILDC 715 (US 2003)
7.7 Entico Ltd. v. UNESCO, [2008] EWHC 531 (Comm)
7.8 Western European Union v Siedler, and others, Belgian Court of Cassation, 21 December 2009
7.9 OSS Nokalva, Inc. v. Eur. Space Agency, Court of Appeals for the Third Circuit, 617 F.3d 756 (US 3d Cir.
7.10 Mothers of Srebrenica v. The Netherlands & the UN, LJN: BW1999, Dutch Supreme Court, 13 April 2012 AND Stichting Mothers of Srebrenica and Others against the Netherlands, App. No.
65542/12, European Court of Human Rights, 11 June 2013