Judicial Decisions on the Law of International Organizations

ISBN : 9780198743613

Cedric Ryngaert; Ige F. Dekker; Ramses A. Wessel; Jan Wouters
496 Pages
171 x 246 mm
Pub date
Mar 2016
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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. The judicial treatment of this field of international law is addressed in Judicial Decisions on the Law of International Organizations through commentary on excerpts of the most prominent international and domestic judicial decisions that are relevant to the law of international organizations, providing in-depth analysis of judicial decisions. The commentaries written and edited by leading experts in the field of international institutional law, they are opinionated and critically engage with the decision in question, with commentators' and stakeholders' reactions thereto, and with later decisions, codifications, and reports.


General Introduction

1 Legal status (personality)
1.1 Ramses Wessel: Reparation for Injuries Suffered in the Service of the United Nations, advisory opinion, [1949] ICJ Reports 174
1.2 Jan Klabbers: Case 22/70, Commission v. Council (European Road Transport Agreement), Court of Justice of the EC, [1971] ECR 263
1.3 Paolo Palchetti: Maclaine Watson & Co. Ltd v. International Tin Council, 26 October 1989, United Kingdom House of Lords, 81 ILR 670
1.4 Kirsten Schmalenbach: Arab Monetary Fund v. Hashim and others, 21 February 1991, United Kingdom House of Lords, 85 ILR 1
1.5 Jan Klabbers: 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
1.6 Ana Sofia Barros: Application of the Interim Accord of 13 September 1995 (The Former Yugoslav Republic of Macedonia v. Greece), judgment, [2011], ICJ Reports 644

2 Legal powers
2.1 Blanca Montejo: Interpretation of the Greco-Turkish Agreement of December 1st, 1926, [1928] Publ. PCIJ, Series B, No. 16
2.2 Kenneth Keith: Effect of Awards of Compensation made by the United Nations Administrative Tribunal, advisory opinion, [1954] ICJ Reports 47
2.3 Jan Wouters and Jed Odermatt: Certain Expenses of the United Nations (Article 17, paragraph 2 of the Charter), advisory opinion, [1962] ICJ Reports 151
2.4 Gian Luca Burci and Jakob Quirin: Legality of the Use by a State of Nuclear Weapons in Armed Conflict, advisory opinion, [1996] ICJ Reports 66

3 Institutional structures and position of members
3.1 Lydia Davies-Bright and Nigel D. White: Case concerning Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom), order, [1992] ICJ Reports 3
3.2 Ramses Wessel and Ige Dekker: Prosecutor v. Dusko Tadi?, IT-94-1-AR72, Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia, 2 October 1995
3.3 James D. Fry and Agnes Chong: Conditions of admission of a State to membership in the United Nations (Article 4 of Charter), advisory opinion, [1948] ICJ Reports 57 and Competence of the General Assembly for the Admission of a State to the United Nations, advisory opinion, [1950] ICJ Reports 4

4 Legal acts
4.1 Brianne McGonigle Leyh: 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 Reports 16
4.2 Peter Hilpold: 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
4.3 Laurence Boisson de Chazournes and Andrzej Gadkowski: Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. USA), merits, [1986] ICJ Reports 14
4.4 Antonios Tzanakopoulos: 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)
4.5 Antonios Tzanakopoulos: 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
Case T-85/09, Kadi v. Commission [2010] ECR II-5177
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

5 Obligations
5.1 Pieter-Jan Kuijper: Case 21-24/72, International Fruit Company v. Produktschap voor Siergewassen, Court of Justice of the EC, [1972] ECR 1219
5.2 Catherine Brolmann: Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt, advisory opinion, [1980] ICJ Reports 73
5.3 Harmen Van der Wilt: 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

6 Responsibility and accountability
6.1 Christiane Ahlborn: 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
6.2 Christiane Ahlborn: Arab Organization for Industrialization and others v. Westland Helicopters Ltd, Swiss Federal Supreme Court (First Civil Court), 19 July 1988, 80 ILR 652
6.3 Ana Sofia Barros: Matthews v. The United Kingdom, App. No. 24833/94, European Court of Human Rights, 18 February 1999
6.4 Tulio Scovazzi: Bankovic and Others v. Belgium and 16 other Contracting States, App. No. 52207/99, European Court of Human Rights, 12 December 2001
(Case Concerning Legality of Use of Force (Serbia and Montenegro v. Belgium), Preliminary Objections, Judgment, [2004] ICJ Reports 279)
6.5 Tobias Lock: Bosphorus Hava Yollari Turizm veTicaret Anonim Sirketi v. Ireland, App. No. 45036/98, European Court of Human Rights, 30 June 2005
6.6 Santiago Villalpando: Agim Behrami and Bekir Behrami v. France, App. No. 71412/01 and Ruzhdi Saramti v. France, Germany and Norway, App. No. 78166/01, European Court of Human Rights, 2 May 2007
6.7 Tobias Lock: Gasparini v. Italy and Belgium, App. No. 10750/03, Admissibility Decision, European Court of Human Rights, 12 May 2009
6.8 Cedric Ryngaert: Mukeshimana - Nguilinzira and ors. v. Belgium and ors., Brussels Court of First Instance, ILDC 1604 (BE 2010), 8 December 2010
6.9 Otto Spijkers: Nuhanovic v. Netherlands, Appeal Judgement, LJN: R5388, ILDC 1742 (NL 2011) and Mustafic v. Netherlands, Appeal Judgement, LJN: BR 5386, Dutch Court of Appeals, 5 July 2011
6.10 Aurel Sari: Al-Jedda v. United Kingdom, App. No. 27021/08, European Court of Human Rights, 7 July 2011

7 Immunity
7.1 Pierre Schmitt: Manderlier v. Organisation des Nations Unies and Etat Belge (Ministre des Affaires Etrangeres), Tribunal Civil de Bruxelles, 11 May 1966, Journal des Tribunaux, 10 December 1966, No. 4553, 121
7.2 Tom Ruys: 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)
7.3 Chanaka Wickremasinghe: Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, advisory opinion, [1999] ICJ Reports 62
7.4 Thore Neumann and Anne Peters: 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
7.5 Cedric Ryngaert: League of Arab States v. T., Belgian Court of Cassation, 127 ILR (2005) 94, 12 March
7.6 Kirsten Boon: Prewitt Enterprises Inc and ors v Organization of Petroleum Exporting Countries, Appeal judgment, 353 F3d 916 (11th Cir 2003)
ILDC 715 (US 2003)
7.7 Chanaka Wickremasinghe: Entico Ltd. v. UNESCO, [2008] EWHC 531 (Comm)
7.8 Pierre Schmitt: Western European Union v Siedler, and others, Belgian Court of Cassation, 21 December 2009
7.9 Kirsten Boon: OSS Nokalva, Inc. v. Eur. Space Agency, Court of Appeals for the Third Circuit, 617 F.3d 756 (US 3d Cir. 2010)
7.10 Aleksandar Momirov: Mothers of Srebrenica v. The Netherlands & 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

About the author: 

Cedric Ryngaert is Chair of Public International Law at Utrecht University. He is the author of Jurisdiction in International Law (OUP 2015) and the co-editor of The International Prosecutor (OUP 2012).; Ige F Dekker is Professor of International Institutional Law at the School of Law of Utrecht University. From 2006 until 2011 he was editor-in-chief of the Netherlands Yearbook of International Law.; Ramses A. Wessel is Professor of International and European Institutional Law and Director of the Centre for European Studies at the University of Twente. He is editor-in-chief and co-founder of the International Organizations Law Review and editor-in-chief of the Netherlands Yearbook of International Law.; Jan Wouters is Jean Monnet Chair ad personam of EU and Global Governance, Full Professor of International Law and International Organizations, and founding director of the Institute for International Law and of the Leuven Centre for Global Governance Studies at the University of Leuven (KU Leuven).

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