Judicial Decisions on the Law of International Organizations
Judicial Decisions on the Law of International Organizations
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Abstract
Concomitant with the rising relevance of international organizations in international affairs, and the general turn to litigation to settle disputes, international institutional law issues have increasingly become the subject of litigation, before both international and domestic courts. While there are several textbooks introducing the law of international organizations, the judicial treatment of this sub-field of international law has not been given the attention due to it. This book contains excerpts of the most prominent international and domestic judicial decisions that are relevant to the law of international organizations, as well as comments thereto. The book contains case-notes regarding about fifty judicial decisions of international and domestic courts. Each case-note consists of five sections, discussing (1) the relevance of the case, (2) the facts, and (3) the legal question; giving (4) a relevant excerpt of the judicial decision; and (5) commenting on the decision. The commentaries are written by leading experts, both scholars and practitioners. The book is divided into seven parts, which correspond to classic categories of international institutional law: (1) legal status (personality), (2) legal powers, (3) institutional structures and position of members, (4) legal acts, (5) obligations, (6) responsibility and accountability, and (7) immunity.
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Front Matter
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General Introduction
Cedric Ryngaert and others
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1 Legal Status (Personality)
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1.1
Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion, [1949] ICJ Rep 174
Ramses A Wessel
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1.2
Case 22/70, Commission v Council (European Road Transport Agreement), Court of Justice of the EC, [1971] ECR 263
Jan Klabbers
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1.3
Maclaine Watson & Co. Ltd v International Tin Council, 26 October 1989, United Kingdom House of Lords, 81 ILR 670
Paolo Palchetti
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1.4
Arab Monetary Fund v Hashim and others, 21 February 1991, United Kingdom House of Lords, 85 ILR 1
Kirsten Schmalenbach
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1.5
Cases 7/56 and 3/57–7/57, Algera, Court of Justice of the EC, [1957–8] ECR 39 and Case C-327/91, France v Commission, Court of Justice of the EC, [1994] ECR I-3641
Jan Klabbers
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1.6
Application of the Interim Accord of 13 September 1995 (The Former Yugoslav Republic of Macedonia v Greece), Judgment, [2011] ICJ Rep 644
Ana Sofia Barros
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1.1
Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion, [1949] ICJ Rep 174
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2 Legal Powers
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2.1
Interpretation of the Greco-Turkish Agreement of 1 December 1926, Permanent Court of International Justice, Advisory Opinion, [1926] Publ. PCIJ, Series B, No. 16
Blanca Montejo
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2.2
Effect of Awards of Compensation Made by the United Nations Administrative Tribunal Advisory Opinion [1954] ICJ Rep 47
Kenneth Keith
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2.3
Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter), International Court of Justice, Advisory Opinion, [1962] ICJ Rep 151
Jan Wouters andJed Odermatt
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2.4
Legality of the Use by a State of Nuclear Weapons in Armed Conflict International Court of Justice, Advisory Opinion of 8 July 1996, [1996] ICJ Rep 66
Gian Luca Burci andJakob Quirin
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2.1
Interpretation of the Greco-Turkish Agreement of 1 December 1926, Permanent Court of International Justice, Advisory Opinion, [1926] Publ. PCIJ, Series B, No. 16
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3 Institutional Structure and the Position of Members
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3.1
Case Concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya Arab Jamahiriya v United States of America), Request for the Indication of Provisional Measures, Order of 14 April 1992, [1992] ICJ Rep 114
Lydia Davies-Bright andNigel D White
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3.2
Prosecutor v Duško Tadić, Decision on the defence motion for interlocutory appeal on jurisdiction, IT-94-1-AR72, Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia, 2 October 1995
Ige F Dekker andRamses A Wessel
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3.3
Conditions of Admission of a State to Membership in the United Nations (Article 4 of the Charter), Advisory Opinion, [1948] ICJ Rep 57; Competence of the General Assembly for the Admission of a State to the United Nations, Advisory Opinion, [1950] ICJ Rep 4
James D Fry andAgnes Chong
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3.1
Case Concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya Arab Jamahiriya v United States of America), Request for the Indication of Provisional Measures, Order of 14 April 1992, [1992] ICJ Rep 114
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4 Legal Acts
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4.1
Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, [1971] ICJ Rep 16
Brianne McGonigle Leyh
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4.2
Solange I, BverfGE 37, 291, 29 May 1974; Solange II, BverfGE 73, 339, 22 October 1986; Solange III, BverfGE 89, 155 12 October 1993; and Solange IV, BverfGE 102, 147, 7 June 2000
Peter Hilpold
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4.3
Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v United States of America), Merits, Judgment, [1986] ICJ Rep 14
Laurence Boisson de Chazournes andAndrzej Gadkowski
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4.4
Youssef Nada v State Secretariat for Economic Affairs and Federal Department of Economic Affairs, Administrative Appeal Judgment, Case No. 1A 45/2007, Switzerland, Federal Tribunal, 14 November 2007, 133 BGE II 450; ILDC 461 (CH2007)
Antonios Tzanakopoulos
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4.5
Case T-315/01, Yassin Abdullah Kadi v Council of the European Union and Commission of the European Communities, 21 September 2005, [2005] ECR II-3649 (Kadi I CFI); Cases C-402/05 P and C-415/05 P, Yassin Abdullah Kadi and Al Barakaat International Foundation v Council and Commission, Court of Justice of the EC [2008] ECR I-6351 (Kadi I ECJ); Case T-85/09, Kadi v Commission [2010] ECR II-5177 (Kadi II GCEU); Joined Cases C-584/10 P, C-593/10 P and C-595/10 P, Commission and United Kingdom v Kadi, Judgment of the Court (Grand Chamber) of 18 July 2013 (Kadi II CJEU)
Antonios Tzanakopoulos
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4.1
Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, [1971] ICJ Rep 16
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5 Obligations of International Organizations
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5.1
Case 21-24/72, International Fruit Company v Produktschap voor Siergewassen, Court of Justice of the EC, [1972] ECR 1219
Pieter Jan Kuijper
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5.2
Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt, Advisory Opinion, [1980] ICJ Rep 73
Catherine Brölmann
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5.3
Case No. IT-95-9-PT, Decision on the Motion for a Judicial Assistance to be Provided by SFOR and Others, Trial Chamber of the International Criminal Tribunal for the former Yugoslavia, 18 October 2000
Harmen van der Wilt
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5.1
Case 21-24/72, International Fruit Company v Produktschap voor Siergewassen, Court of Justice of the EC, [1972] ECR 1219
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6 Responsibility
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6.1
Westland Helicopters Ltd v Arab Organization for Industrialization, United Arab Emirates, Kingdom of Saudi Arabia, State of Qatar, Arab Republic of Egypt, and Arab British Helicopter Company, Arbitration, 5 March 1984, 80 ILR 600
Christiane Ahlborn
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6.2
Arab Organization for Industrialization and others v Westland Helicopters Ltd, Swiss Federal Supreme Court (First Civil Court), 19 July 1988, 80 ILR 652
Christiane Ahlborn
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6.3
Matthews v United Kingdom, ECtHR, App. No. 24833/94, 18 February 1999
Ana Sofia Barros
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6.4
Admissibility of the Application by Vlastimir and Borka Banković, Živana Stojanović, Mirjana Stoimenovski, Dragana Koksimović, and Dragan Suković against Belgium, the Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, The Netherlands, Norway, Poland, Portugal, Spain, Turkey, and the United Kingdom, European Court of Human Rights, Grand Chamber Decision, [2001]
Tullio Scovazzi
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6.5
Bosphorus Hava Yollari Turizm veTicaret Anonim Sirketi v Ireland, App. No. 45036/98, European Court of Human Rights, 30 June 2005
Tobias Lock
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6.6
Agim Behrami and Bekir Behrami v France, App. No. 71412/01 and Ruzhdi Saramati v France, Germany, and Norway, App. No. 78166/01, European Court of Human Rights, 2 May 2007
Santiago Villalpando
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6.7
Gasparini v Italy and Belgium, App. No. 10750/03, Admissibility Decision, European Court of Human Rights, 12 May 2009
Tobias Lock
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6.8
Mukeshimana-Nguilinzira and ors. v Belgium and ors., Brussels Court of First Instance, ILDC 1604 (BE 2010), 8 December 2010
Cedric Ryngaert
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6.9
Nuhanović v Netherlands, Judgment, BZ9225, and Mustafić v Netherlands, Judgment, BZ9228, Supreme Court of The Netherlands, 6 September 2013
Otto Spijkers
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6.10
Al-Jedda v United Kingdom, App. No. 27021/08, European Court of Human Rights, 7 July 2011
Aurel Sari
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6.1
Westland Helicopters Ltd v Arab Organization for Industrialization, United Arab Emirates, Kingdom of Saudi Arabia, State of Qatar, Arab Republic of Egypt, and Arab British Helicopter Company, Arbitration, 5 March 1984, 80 ILR 600
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7 Immunity
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7.1
Manderlier v Organisation des Nations Unies and Etat Belge (Ministre des Affaires Etrangères), Tribunal Civil de Bruxelles, 11 May 1966, Journal des Tribunaux, 10 December 1966, No. 4553, 121
Pierre Schmitt
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7.2
Abdi Hosh Askir v Boutros Boutros-Ghali, Joseph E. Connor et al., US District Court SDNY, 29 July 1996, 933 F. Suppl. 368 (SDNY 1996)
Tom Ruys
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7.3
Difference relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, Advisory Opinion, [1999] ICJ Rep 62
Chanaka Wickremasinghe
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7.4
Beer and Regan v Germany, App. No. 28934/95 and Waite and Kennedy v Germany, App. No. 26083/94, European Court of Human Rights, 18 February 1999
Thore Neumann andAnne Peters
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7.5
League of Arab States v T M., Belgian Court of Cassation, ILDC 42 (BE 2001), 12 March 2001
Cedric Ryngaert
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7.6
Prewitt Enterprises, Inc. v Org. of Petroleum Exporting Countries, 353 F.3d 916 (11th Cir. 2003)
Kristen Boon
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7.7
Entico Corporation Ltd v UNESCO, 18 March 2008, [2008] EWHC 531 (Comm), [2008] 2 All ER (Comm) 97
Chanaka Wickremasinghe
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7.8
Western European Union v Siedler, Belgian Court of Cassation, 21 December 2009
Pierre Schmitt
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7.9
OSS Nokalva, Inc. v European Space Agency, United States Third Circuit decision, 617 F.3d 756 (3d Cir. 2010)
Kristen Boon
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7.10
Mothers of Srebrenica v The Netherlands and the UN, LJN: BW1999, Dutch Supreme Court, 13 April 2012 and Stichting Mothers of Srebrenica and Others against The Netherlands, App. No. 65542/12, European Court of Human Rights, 11 June 2013
Aleksandar Momirov
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7.1
Manderlier v Organisation des Nations Unies and Etat Belge (Ministre des Affaires Etrangères), Tribunal Civil de Bruxelles, 11 May 1966, Journal des Tribunaux, 10 December 1966, No. 4553, 121
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End Matter
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