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The Legal Position of Intergovernmental Organizations

ISBN13: 9780792329046
ISBN: 079232904X
Published: July 1996
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: Out of print

This book is a treatise which presents an overall functional necessity approach to the study of the legal position of intergovernmental organizations. According to this approach, an international organization is entitled to (no more than) what is strictly necessary for the exercise of its functions in the fulfilment of its purpose. The book provides a three-step analysis that relates an organization's legal status, privileges and immunities to the functions and purposes of the organization.

After a review of the work of the International Law Commission on Relations between States and International Organizations, between 1962 and 1992, the author first introduces an identification process of the study's subject matter and scope ratione personae, that is the legal status of intergovernmental organizations. The legal personality, legal capacities, and competence (powers) of international organizations are analyzed from the persective of their functions and purposes.

Step Two presents a review of the basic considerations in granting organizational immunities, and their legal sources. Step Three focuses on the ""official activities"" of international organizations, which is the core of the application of functional necessity in determining the extent of organizational immunities.

The book also reviews existing methods of counterbalancing organizational immunities, and applies the three-step functional necessity analysis to a case study of the International Tin Council. Finally, a general conclusion underlines the character of organizational immunity law as a balanced and self-contained regime.

Public International Law
Part 1 Introduction: Purpose and Scope of this Study. The Work of the International Law Commission on Relations between States and International Organizations (1962-1992).
Part 2 A Three-Step Functional Necessity Analysis - Step One Identification - Functional Necessity in Legal Status - Subject Matter and Scope ratione personae: The Concept of Function. The Elements of Legal Status. Draft Articles on Legal Status by the International Law Commission. Step Two Selection: Why - Basic Considerations in Granting Organizational Immunities. What - Functional Necessity as a Basis for Selecting Organizational Immunities. Where - Legal Bases or Organizational Immunities. Step Three Extent - Scope ratione materiae: The Role of Functional Necessity as a Yardstick for Determining the Extent of Organizational Immunities. Organizational Immunities versus Other Types of Immunities. Organizational Immunities are neither ""Absolute"" nor ""Restrictive"". ""Official Activity"" versus ""Commercial Activity"". Methods of Counterbalancing Organizational Immunities.
Part 3 The Functional Necessity Analysis Applied - the International Tin Council: Introducing - the Tin Crisis. Step One - the Status of the ITC as an Organization. Step Two - the Immunities of the ITC. Step Three - the Extent of the Immunities of the ITC. Conclusion. Summary in Dutch.