Legal Position of Intergovernmental Organizations: A Functional Necessity Analysis of Their Legal Status and Immunities - Second Revised Edition [Hardback]

Contents


Foreword


Preface


Preface to the Second Revised Edition


Abbreviations





1 Introduction

1 Purpose and Scope of This Study

2 The Work of the International Law Commission on Relations between States
and International Organizations (19621992)

2.1 The Early Stages

2.2 The First Part of the Topic

2.2.1 The Work of Special Rapporteur El-Erian

2.2.2 Codification and Progressive Development of International Law: The
1975 Vienna Convention

2.3 The Second Part of the Topic

2.3.1 The Work of Special Rapporteur El-Erian Continued

2.3.2 Dķaz Gonzįlez: A New Special Rapporteur A New Approach?

2.4 Current Status: The 1992 Report of theilcs Planning
Group





2 A Three-Step Functional Necessity Analysis

1 Step One Identification. Functional Necessity in Legal Status:
Subject-Matter and Scope Ratione Personae

1.1 Introduction

1.2 The Concept of Function

1.3 The Elements of Legal Status

1.3.1 Introduction

1.3.2 A Division into Three Elements

1.3.2.1 The First Element: Personality

1.3.2.2 The Second Element: Capacity

1.3.2.3 The Third Element: Competence

1.4 Draft Articles on Legal Status by the International Law Commission

2 Step Two Selection

2.1 Introduction

2.2 Why: Basic Considerations in Granting Organizational Immunities

2.2.1 Introduction

2.2.2 (i) Political Independence of the Organization

2.2.3 (ii) Impartiality of the Organization

2.2.4 (iii) Equality of the Member States

2.2.5 (iv) Avoidance of Undue National Financial
Advantage: Financial Independence

2.2.6 (v) Precedent and Equality of Status with Other Organizations

2.2.7 (vi) Prestige and Authority of the Organization

2.2.8 (vii) The Need for Special Protection in Initial Stages

2.2.9 Conclusion

2.3 What: Functional Necessity as a Basis for Selecting Organizational
Immunities

2.3.1 Introduction

2.3.2 A List of Organizational Immunities

2.4 Where: Legal Bases of Organizational Immunities

2.4.1 Introduction

2.4.2 Treaties

2.4.2.1 Constituent Instruments of International Organizations

2.4.2.2 General Multilateral Agreements

2.4.2.3 Bilateral Agreements

2.4.3 Domestic Legislation

2.4.4 Customary International Law

2.4.5 Conclusion

3 Step Three Extent Scope Ratione Materiae. The Role of Functional
Necessity as a Yardstick for Determining the Extent of Organizational
Immunities

3.1 Introduction

3.2 Organizational Immunities versus Other Types of Immunities

3.3 Organizational Immunities Are Neither Absolute Nor Restrictive

3.4 Official Activity versus Commercial Activity

3.4.1 The Official Activity Criterion Applied: The EMBL Award

3.4.2 Determination of Official Activity: By Whom?

3.5 Conclusion

3.6 Methods of Counterbalancing Organizational Immunities

3.6.1 Introduction

3.6.2 Settlement of Disputes Concerning Alleged Abuse of Immunities

3.6.2.1 Introduction

3.6.2.2 Abuse Procedures: A Classification

3.6.3 General Settlement of Disputes Procedures

3.6.3.1 Introduction

3.6.3.2 Waiver of Immunity

3.6.3.3 International Judicial Settlement; Arbitration

3.6.4 Additional Procedures

3.6.5 Responsibility of Intergovernmental Organizations

3.6.6 Conclusion





3 The Functional Concept Applied: The International Tin Council

1 Introducing: The Tin Crisis

2 Step One: The Status of the ITC as an Organization

3 Step Two: The Immunities of the ITC

4 Step Three: The Extent of the Immunities of the ITC





4 General Conclusion





Selected Bibliography


Legal Aspects of International Organization


Index

Peter H.F. Bekker, Ph.D., is Professor and Chair in International Law at the University of Dundees Centre for Energy, Petroleum and Mineral Law and Policy and regularly appears before international tribunals as a member of the New York Bar.