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Lecture 6

Lecture 6

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York University
Political Science
POLS 3652
Awalou O

Lecture 6 Subjects of International Law: International Organizations The Historical Evolution of the IO  International organizations have two meanings: o The organization of the international society which is the institutional framework and structures of that society in general o It is also a specific institution  NATO, UN, WTO, EU, AU, WHO, ILO, etc. The Origin of the IO  The contemporary IO was a: o Response to the rapid technological and economic evolution of the world o Response to the political and social upheavals and the interdependence of the different regions of the world th  It developed as a result of the consolidation of 2 trends which took hold during the 19 century Development of the IO  First trend o There was the development of the Congress system which became the current practice after the Congress of Vienna by the Concert of Europe  It was the beginning of understanding international organizations with meetings at the highest level to discuss issues o The Congress of Vienna  Technique of diplomacy by conference  Technique of multilateral treaties  The clear development is the Hague Conferences of 1899 and 1907  They were called by Russia in order to conclude peace treaties  There are still Hague Conventions that have been adopted o Internationalism was counteracted by the growing strength of nationalism and the creation of the nation-State  National wars in the latter half of the 19 century unified Italy and Germany as a result of nationalism  The system of conference did not amount to a genuine form of IO  Second trend o There was an emergence of international unions providing the institutional framework of international cooperation  International river commissions  Permanent international unions especially in the field of communication o The foundation of the League of Nations was having a permanent IO in the service of peace League of Nations  In what way did the League of Nations constitute an advance? o By virtue of its institutional structure  The idea of a small council in which the Great Powers have a permanent seat  The General Assembly  A international secretariat  A Permanent Court of International Justice IO: a legal approach  There is no universally accepted definition of an IO o It is disputed among scholars o It is an association of states, established by an agreement among its members and possessing a permanent system or set of organs, whose task it is to pursue objectives of common interest by mean of cooperation among its members o Inter-state definition: IO is created by states o Voluntaristic definition: IO is established on the basis of a treaty  There is a permanent system of organs o There is autonomy that results from the existence of a system of organs that is distinct from that of its member states  NGO’s are created by individuals under municipal laws and not by a treaty o There is the function of cooperation that determines from a legal standpoint its sphere of competence Legal Personality of the IO  Internal legal personality o The IO enjoys legal capacity to exercise functions and fulfillment of purposes and a legal personality under municipal law of its member states  It has the right to: o Enter into international agreements with non-member states o Immunity from jurisdiction of state courts for acts and activities performed by the organization
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