International Court stated that the aim of UN to promote peace and security can only be achieved if it has international personality.
International Legal Personality
This claim can be seen in the case of "Reparations for Injuries suffered in the Service of the United Nations" International Court of Justice, Advisory opinion, 11 april " As it was showed in the case UN has the legal personality because it is affirmed in its tasks, and it is almost viewed as a state and it can raise issues as a state. Those are not a possessors of personalities, as we already saw tht the state has the powers to raise an international personality of national;s.
However, some cases like: Pirates Hijacking Terrorist groups Sabotage Drug Trafficing Acts against diplomats are all considered innternational personality. Locus standi - Refers to demonstrate to the court a sufficient connection with the case in order to participate in it.
Holy See - is one actor that has no permenant population but still enjoys limited international personality and it is permanent observer of the UN. As a result we can distinguish between two groups: Full International Legal Personality e. States Limited International Legal Personality State [ edit ] The state is considered the central actor of international law.
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In summary state is defined as: Having a territory - what matters is that the state has influence on it, it can be disputed borders can be UNDEFINED ; Permanent population - there is no minimum population required; Formal goverment - even if there is no effective government, the state is still a state e. Somalia Capacity to engage in international relations - it depends not only on state itself, but on whether other states recognize its capacity to engage in international relations e.
Recognition of State [ edit ] A Problems - To which entities does the law of self-determination can be applied? There are two types of recognition: de jure - the government in question is well-established and the entity has all characteristics of sovereignty. If the state is de jure then it has all diplomatic capacities. How do we express recognition? Only the already exsiting circumstances matter, which are the causual variables for making the state a recognizable Recognition has a retroactive effect.
International Organizations [ edit ] In international law an international organizations is seen as an actor that is made up by an agreement between several States as its main members: Global Organizations Closed Organizations However, the international personality is to some extent.
However, after an examination of the various issues, a certain number of rules have been considered by the Commission to apply both to States and international organizations.
LEGAL PERSONALITY IN INTERNATIONAL LAW
Where the Commission has reached this conclusion, the wording of the articles on the responsibility of international organizations closely follows that of the earlier articles. This introduction is mainly intended to highlight those articles on the responsibility of international organizations that provide the more significant rules specifically applying to international organizations. The structure of the articles on the responsibility of international organizations has been modelled on the pattern of the articles on responsibility of States for internationally wrongful acts.
However, the articles are divided into six parts instead of four, because there are two parts the first and the fifth which do not have a parallel in the earlier articles. Part One consists of an introduction containing some provisions on the scope of the articles and the use of terms. Part Two concerns the internationally wrongful act of an international organization, which leads to the responsibility of the organization. Part Three addresses the content of the responsibility and Part Four its implementation: the invocation of responsibility and countermeasures.
Part Five concerns various questions relating to State responsibility in connection with the conduct of an international organization, in particular the question of responsibility of States when a wrongful act is committed by the organization of which they are members. Part Six concludes the text with some general provisions, including one article which considers the role of special rules.
Like the articles on State responsibility, those on the responsibility of international organizations for internationally wrongful acts do not in principle address the so-called primary rules, which establish whether an organization is bound by a certain international obligation, but only the secondary rules, relating to the consequences of its breach. However, in order to be operational, the articles also address questions such as those of attribution which may equally be considered an aspect of the primary rules.
For instance, the interpretation of a primary rule includes answering the question whether, when a State is prohibited from taking a certain act, the State is required not to take that act also through a person other than an organ acting under its instructions. As for States, international responsibility of an international organization generally presupposes the existence of conduct a positive act or an omission that is attributed to the responsible subject. While an international organization may have reasons for outsourcing some of its activities to entities or persons who are apparently independent and cannot be considered officials, this does not rule out that the activities that these entities or persons perform at the request and on behalf of the organization are attributed to the latter under international law.
Attribution would in that case be based also on a factual link. One question of attribution that has frequently been raised before national and international courts concerns the conduct of armed forces which have been put by a State at the disposal of the United Nations.
With regard to the military operations run by forces put at the disposal of the United Nations, effective control will generally rest with the United Nations. However, there have been circumstances under which the contributing State has played a decisive role in the conduct of its forces.
Conduct will then have to be attributed to the State or, as the case may be, jointly to the State and the Organization. Under the different scenario where a State does not put forces at the disposal of an international organization but acts on the basis of an authorization by an organization, the conduct of the forces has to be attributed to the State.
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This follows from the articles on State responsibility. Like those articles, the articles on the responsibility of international organizations contain only positive rules on attribution. They do not specify when an act should not be attributed to an international organization. The articles focus on the consequences of a breach of an obligation under international law and do not attempt to identify the obligations binding an international organization.
Thus the articles do not determine to what extent the rules of the organization have to be considered as part of international law. An international organization may incur responsibility for its contribution to a breach of an international obligation by a State or another international organization. Articles 14 to 16 apply to international organizations rules that are similar to those applicable to States according to the articles on State responsibility, with regard to aid or assistance in the commission of a breach, direction and control exercised over a breach, and coercion.
The articles provide a further instance of responsibility of an international organization which is connected with the conduct of a State or another organization that is not necessarily wrongful for the latter entities. Article 17 considers that an international organization might circumvent its international obligations by taking advantage of the separate legal personality of its members, which may not be bound by the same obligations.
Responsibility is envisaged under different conditions according to whether the organization imposes an obligation on its members or only authorizes them to take some action. One could say that the obligations of an international organization are extended to cover actions required or authorized by the organization. This provision is clearly innovative.
International legal personality - Wikipedia
It is intended to fill a possible gap, although circumvention, which implies an element of intention, may be difficult to ascertain. Countermeasures are considered in the articles from two different perspectives. First, in article 22 as circumstances that may justify an act of an international organization that is not in conformity with an international obligation. Second, in articles 51 to 56 as measures against an international organization which is responsible for an internationally wrongful act.
In view of the principle of cooperation underlying the relations between an organization and its members, additional conditions are considered to apply to countermeasures affecting those relations. Countermeasures against one of its members by the international organization or against an international organization by one of its members are allowed only if they are not inconsistent with the rules of the organization and if there are no appropriate means available for otherwise inducing compliance with the obligations of the responsible entity articles 22 and The obligations that a responsible international organization incurs as a consequence of an internationally wrongful act are substantially the same as those incurred by States.
One specific issue is addressed in article It concerns the question whether members of an international organization are under an obligation to provide the organization with sufficient means to make reparation when it is responsible for injury. An obligation rests also with the international organization to ensure that its members provide the necessary means, but again this obligation is required to be in accordance with the rules of the organization. States may do so. This reflects the principle of speciality.
In substance, what States can do directly, they can delegate to an international organization. This account of the history of ILP not only offers alternatives to the traditional ideas concerning ILP, but also lays bare how it has been and can be used in the re- conception of the moral-political identity of international law. After setting the scene with a thought-provoking juxtaposition of Foucault and Ricoeur, the book provides a first impetus for re-conceptualisation based on the ideas of Hannah Arendt and Paul Ricoeur and related to the problems facing the international society at present.
In brief, the book contributes significantly to the study of the history and theory of international law, but also puts the concept into a new perspective by relating it to concepts of legitimacy, democracy, and justice in international governance. Asser Institute in The Hague. Download more information Nijman Preface.