POLC38H3 Lecture Notes - Lecture 4: Legal Personality, Lists Of Landmark Court Decisions, European Economic Community
POLC39 – lecture 4
Chart and stuff I missed
Features of international organisations
• Membership
• Constitutive instrument
• Legal personality
o Qualifying status of an entity which implies its existence within a particular
sphere and indicates certain functions and capacities, or rights and duties, that
would enable it to operate within that sphere
o IL can apply to u and against u. u can sue and be sued
o What makes someone liable to IL
o Law recognition capacity
▪ Comes with rights, responsibilities/obligations
▪ Ability/capacity to act
▪ Enforcement
• Privileges and immunities
Un basically has voluntarily documents where countries can choose to abide to or not since its
not binding
The influential institution = security council but the glitch there is due to the 5 veto countries
Approaches to legal personality EXAM EXAM EXAM
• Inductive approach → legal personality to be implied in the capacities, rights, and
privileges conferred on them in their constituent instruments by members
o Accepting that UN has the capacity to reach its goal of peace and security
• Objective approach → legal personality drives not from constituent treaties as a
generous act of the member states, but on the bases on international organisation
fulfilling certain objective criteria
o UN can do whatever its required to reach its end goal of peace and security
• Reparations case → question on international legal personality of international
organisations. ICJ endorsed both schools
o Set very important precedent in IL
o Landmark case
o Will show up in final exam
o A un Sweden diplomat in Jerusalem was murdered
▪ Helped Jewish groups and individuals. Held a high status in Jewish
community
▪ So was appointed special ambassador and diplomat to solve conflict in
Jerusalem and Palestine (the ee’t apart of UN at the time)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Il can apply to u and against u. u can sue and be sued: what makes someone liable to il, law recognition capacity, comes with rights, responsibilities/obligations, ability/capacity to act, enforcement, privileges and immunities. Un basically has voluntarily documents where countries can choose to abide to or not since its not binding. The influential institution = security council but the glitch there is due to the 5 veto countries. Icj endorsed both schools: set very important precedent in il, landmark case, will show up in final exam, a un sweden diplomat in jerusalem was murdered, helped jewish groups and individuals. Held a high status in jewish community: so was appointed special ambassador and diplomat to solve conflict in. Jerusalem and palestine (the(cid:455) (cid:449)e(cid:396)e(cid:374)"t apart of un at the time: this did(cid:374)"t sit (cid:449)ell (cid:449)ith so(cid:373)e g(cid:396)oups a(cid:374)d jewish groups so he was assassinated by israeli groups in israeli lands, question was.
