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21 - International Organisations Law

from Part III - The Impact of the ICJ’s Jurisprudence

Published online by Cambridge University Press:  18 May 2023

By
Jan Klabbers
Edited by
Carlos Espósito  and
Kate Parlett
Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
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Summary

This chapter assesses the contribution of the ICJ to the law of international organisations. It emphasises the limited role of the Court in this field, setting out the multiple reasons for this: parts of the law were developed before the Court commenced its work; and the Court has only had intermittent opportunities to consider it through its cases. The author argues that the Court’s approach reflects a more general ambivalence of classic international law when it comes to international institutions: that it emphasises the centrality of States in the international legal system, notwithstanding the steps that have been taken by States to institutionalise significant areas of international law.

Keywords

international organisationsinternational organisations lawinternational institutional lawUnited Nationslegal personalityinternal affairsinternational actorsinternational responsibility
Type
Chapter
Information
The Cambridge Companion to the International Court of Justice , pp. 470 - 485
Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Barros, S., Governance as Responsibility: Member States as Human Rights Protectors in International Financial Institutions (Cambridge University Press, 2019).Google Scholar
Bowett, D. W., ‘The Court’s Role in Relation to International Organizations’, in Lowe, V. and Fitzmaurice, M. (eds.), Fifty Years of the International Court of Justice (Cambridge University Press, 1996), 181.Google Scholar
Brölmann, C. M., The Institutional Veil in Public International Law: International Organisations and the Law of Treaties (Hart, 2007).Google Scholar
Engström, V., Constructing the Powers of International Institutions (Martinus Nijhoff, 2012).Google Scholar
Klabbers, J., An Introduction to International Organizations Law (3rd ed., Cambridge University Press, 2015).Google Scholar
Klabbers, J., ‘The EJIL Foreword: The Transformation of International Organizations Law’, 26 European Journal of International Law (2015) 9.Google Scholar
Lauterpacht, E., ‘The Development of the Law of International Organizations by the Decisions of International Tribunals’, 152 Collected Courses of the Academy of International Law (1976) 377.Google Scholar
Sato, T., Evolving Constitutions of International Organizations (Martinus Nijhoff, 1996).Google Scholar
Sloan, J. and Hernandez, G., ‘The Role of the International Court of Justice in the Development of the Institutional Law of the United Nations’, in Tams, C. and Sloan, J. (eds.), The Development of International Law by the International Court of Justice (Oxford University Press, 2013) 197.Google Scholar

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