Common law of international organizations / / by Finn Seyersted.

• Author: Seyersted, Finn.
• Year of Publication: 2008
• Language: English
• Series: Nijhoff eBook titles 2008
• Physical Description: 1 online resource (632 p.)
• Notes: Description based upon print version of record.

This work provides a comprehensive theory of the system of legal norms that are developed partly in the internal written (constitutional) law of intergovernmental organizations and partly through their consistent practice, and that are therefore common to intergovernmental organizations. The legal construction presented in this volume consists of the following main elements: As for all other self-governing communities all intergovernmental organizations possess their own internal law governing their relations with 1) the organs of the organization, 2) the officials and 3) the member states in their capacity as members of the organization. Some organizations exercise in addition extended (delegated) jurisdiction over states, other organizations and/or individuals. Secondly, as for other self-governing communities all intergovernmental organizations are subjects of public international law in their relations with other self-governing communities (states and other intergovernmental organizations), and in the case of extended jurisdiction, also in relations with individuals and private entities. Thirdly, as for all other self-governing communities possessing its own internal law (its distinct lex personalis), intergovernmental organizations enter into relations of a private law nature with both public and private entities. Governed by the rules on conflict of laws, these relations must be determined by assessing relevant 1) personal, 2) territorial and 3) organic connecting factors. Thus Common Law of Intergovernmental Organizations brings together all those elements pertaining to the theory of objective legal personality that have been presented in a scattered fashion, in bits and pieces. Common Law of Intergovernmental Organizations , starting out from the position of objective legal personality, is fully compatible with modern requirements of good governance and accountability of international organizations, and particularly adaptable to the ideal of “systemic integration” of legal regimes constituting internal law of the organization.

Table of Contents

Scope and purpose -- Intergovernmental organizations - internal and international law -- The basic general distinctions -- Types of jurisdiction exercised by self-governing communities -- Inherent jurisdiction over organs and oficials -- Extended jurisdiction of some organizations in substantive matters (delegated powers) -- Settlement of internal -- Public international law; introduction -- International acts -- Responsibility of intergovernmental organizations -- Internal relations -- External relations with private parties, introduction -- Provisions on applicable law -- Practice when there is no conficts provision -- Relationship between international law of igos and general principles of law -- Choice between national laws: references to the law of the organization in traditional confict of laws -- Relationship between competent courts and applicable law. interpretation of jurisdictional clauses -- Conclusions.