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Report for Institute de Droit International, The Legal Consequences for Member States of the Non-fulfilment by International Organizations of their Obligations Toward Third Parties

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0055
Report for Institute de Droit International, The Legal Consequences for Member States of the Non-fulfilment by International Organizations of their Obligations Toward Third Parties

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This chapter provides a preliminary study of the international law issues in determining the legal consequences for United Nations member states of the non-fulfilment by international organisations of their obligations towards third parties. When the question of such non-fulfilment of obligations is litigated before domestic courts, various considerations of domestic law come into play. The necessary starting point in determining the legal consequences for member states of the non-fulfilment by international organisations of their obligations towards third parties is the concept of personality. It may simply be said that, if an international organisation has no distinct legal personality, it cannot itself be legally liable for obligations even if incurred in its name; and it is likely that the liability will rather be that of the member states. This preliminary report endeavours to address all of these closely interrelated issues, by reference to judicial and arbitral decisions, treaties and state practice, learned writings, and what we may term argument of principle.

Keywords: United Nations; international organisations; obligations; third parties; argument of principle; legal personality; domestic law; international law; member states

Chapter.  16695 words. 

Subjects: Public International Law

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