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Principles of the Institutional Law of
International Organizations
This second edition of C. F. Amerasinghe’s successful book, which
covers the institutional aspects of the law of international
organizations, has been revised to include, among other things, a new
chapter on judicial organs of international organizations, as well as a
considerably developed chapter on dispute settlement. There is a
rigorous analysis of all the material alongside a functional
examination of the law.
A brief history of international organizations is followed by
chapters on, amongst others, interpretation, membership and
representation, international and national personality, judicial
organs, the doctrine of ultra vires, liability of members to third
parties, employment relations, dissolution and succession, and
amendment. Important principles are extracted and discussed, and
the practice of different organizations examined.
c h i t t h a r a n j a n f e l i x a m e r a s i n g h e was formerly Judge at the
UN Tribunal in New York, and of the Commonwealth Secretariat
Tribunal in London. He was also Professor of Law and later Honorary
Professor of Law at the University of Ceylon, Colombo. He was
Director of the Secretariat and Registrar at the World Bank Tribunal
in Washington, and is currently a member of the Institut de Droit
International. He has advised governments on international law and
has written extensively on the subject. He is a Doctor of Law of the
University of Cambridge. His publications include State Responsibility for
Injuries to Aliens (1967), Studies in International Law (1969), The Law of the
International Civil Service (two volumes, 2nd edition, 1994), Documents on

International Administrative Tribunals (1989), Case Law of The World Bank
Administrative Tribunal (three volumes, 1989, 1993 and 1997), Local
Remedies in International Law (2nd edition, 2004), and a treatise entitled
Jurisdiction of International Tribunals (2002).



cambridge studies in international and comparative law
This series (established in 1946 by Professors Gutteridge, Hersch Lauterpacht
and McNair) is a forum for studies of high quality in the fields of public and
private international law and comparative law. Although these are distinct
legal sub-disciplines, developments since 1946 confirm their interrelationship.
Comparative law is increasingly used as a tool in the making of law at
national, regional and international levels. Private international law is
increasingly affected by international conventions, and the issues faced by
classical conflicts rules are increasingly dealt with by substantive
harmonization of law under international auspices. Mixed international
arbitrations, especially those involving state economic activity, raise mixed
questions of public and private international law. In many fields (such as the
protection of human rights and democratic standards, investment guarantees,
and international criminal law) international and national systems interact.
National constitutional arrangements relating to ‘foreign affairs’ and to the
implementation of international norms are a focus of attention.
Professor Sir Robert Jennings edited the series from 1981. Following his
retirement as General Editor, an editorial board has been created and
Cambridge University Press has recommitted itself to the series, affirming its
broad scope.
The Board welcomes works of a theoretical or interdisciplinary character,
and those focusing on new approaches to international or comparative law or
conflicts of law. Studies of particular institutions or problems are equally

welcome, as are translations of the best work published in other languages.
General Editors

James Crawford
Whewell Professor of International Law, University of Cambridge
David Johnston
Regius Professor of Civil Law, University of Cambridge

Editorial Board

Professor Hilary Charlesworth University of Adelaide
Mr John Collier Trinity Hall, Cambridge
Professor Lori Damrosch Columbia University Law School
Professor John Dugard Director, Research Centre for
International Law, University of Cambridge
Professor Mary-Ann Glendon Harvard Law School
Professor Christopher Greenwood London School of Economics
Professor Hein K¨
otz Max-Planck-Institut, Hamburg
Dr Vaughan Lowe Corpus Christi College, Cambridge
Professor D. M. McRae University of Ottawa
Professor Onuma Yasuaki University of Tokyo

Advisory Committee Professor D. W. Bowett QC
Judge Rosalyn Higgins QC
Professor Sir Robert Jennings QC
Professor J. A. Jolowicz QC
Professor Eli Lauterpacht QC
Professor Kurt Lipstein
Judge Stephen Schwebel

Principles of the institutional law of
international organizations
Second Revised Edition

by

C. F. Amerasinghe, PhD, LLD (Cantab.)


  
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Contents

Preface
List of abbreviations
Table of cases

page xiii
xv
xxiii

1

Introduction

History of international organizations
Pervasiveness of international organizations
Classifications
The concept of international institutional law
The nature of international institutional law
The sources of the law
Methodology

1
1
6
9
13
15
20
21

2

Interpretation of texts
Constitutional interpretation

Decisions of non-judicial organs

24
25
25
33
33
39

42
59
61

Legal personality
The rationale for personality
Personality at a non-international level
Attribution of international personality
Objective personality

66
67
69
77
86

Who may interpret
The process of interpretation
Difficulties with predictability
The Vienna Convention of 1969
The jurisprudence
Evaluation

3

vii


viii

4

contents

The consequences of international personality
Particular powers

92
100

Membership and representation
Membership

105
105
105
111
114
117
117
121
124
124
125

Admission to membership
Continuity, Creation and Succession of States
Suspension
Termination of membership
Withdrawal

Expulsion
Non-ratification of an amendment to the constitution
Disappearance or loss of essential characteristics

Representation
5

Non-Judicial organs of organizations
Plenary organs
Composition
Powers

Organs of limited membership
Composition
Powers

Subsidiary organs
Relationship inter se of principal organs
Voting
Administrative organs
6

Acts of non-judicial organs: their legal effect
Institutional or organizational acts
Operational acts
Binding acts
Recommendations
Duty to consider
Duty to co-operate
Duty to comply

Duty to assist
Authorization for action
Basis for implementation
Evidence for formation of law

Other forms of resolutions

131
132
132
135
137
137
138
139
142
148
154
160
163
168
172
175
177
178
180
183
184
185
186

187


contents

ix

7

Acts of non-judicial organs: the doctrine of ultra vires
The problem and relevance of final adjudication
The content of the doctrine of ultra vires

193
199
208

8

Judicial organs
Forms of organs
Qualities of judicial organs flowing from the nature of
the judicial power

217
217

History of the concept of ‘fundamental principles’
Deductions
Implications of the fundamentality of general

principles of law
Particular matters relating to the principle of
judicial independence
Qualifications of judges and conditions
for selection
Emoluments of judges
Reappointment of judges
Conflict of interest
The registry
Legislative powers of the creating authority
Concluding observations

The status of judicial organs
Subsidiarity
Subordination
Conclusion

9

The internal law: employment relations
The internal law
The law of employment relations
Development
Need for an independent system of law
The internal law as the governing law
The nature of the employment relationship
Sources of the law
Agreements
Constituent instruments
Staff regulations, staff rules and written sources

General principles of law
Practice of the organization

224
227
234
236
238
238
245
248
250
254
257
258
261
266
267
269
271
271
275
275
277
279
280
282
283
285
286

288
290


x

contents
Other sources
The hierarchy of sources
The nature of control over administrative
powers
Review of the exercise of powers
Discrimination and improper motive
Substantive irregularity
Procedural irregularities
Limitations on the power of amendment

10

Privileges and immunities
The conventional law
Privileges and immunities of organizations
Immunity from jurisdiction
Property, assets and currency
Premises and archives
Fiscal matters
Communications
Privileges and immunities of personnel
Representatives of member states
Officials

Other persons

Customary law
Claiming immunity and waiver
Abuse
11

Financing
The budget process
Control over budgetary expenditure
Internal audit
External audit

The finding of resources
Obligatory contributions
Limitations on apportionment
Voluntary contributions and gifts
Self-financing

Expenses
The obligation to pay
The obligation to approve the budget

292
294
299
299
303
304
305

306
315
317
320
320
328
330
335
335
337
338
341
343
344
348
350
352
355
357
357
358
359
359
362
364
364
365
375
379

contents

12

Responsibility to and of international organizations
Law governing relations between international
organizations and other parties
Responsibility to international organizations
Substantive rights in general
Rights in regard to staff
The right to bring claims at international law

Responsibility of international organizations
Substantive obligations
The defendant

13

The liability of member states vis-à-vis third parties
The governing law and problems with the forum
The importance of the organization’s having personality
The liability of members
Transactions on the international plane
The position at the non-international level
Primary and direct liability
Liability based on agency
Secondary or concurrent liability
Text writers
Practice

The case law
General principles of law
Deductions
The rationale for the better view of the applicable
principle

The relationship between the organization and members
Conclusion
14

Amendment of constitutions
Express constitutional provision
Principles in customary law
Analysis of special provisions
The consent principle
The majority principle
The two principles combined

The consequences of an effective amendment
Variation

xi

384
386
390
390
393
394
399

400
406
407
408
412
413
414
417
417
418
420
421
425
431
436
438
440
444
445
447
448
451
454
455
456
456
457
459

xii

15

contents

Interpretation and amendment
Practice and amendment

460
461

Dissolution and succession
Dissolution

464
465
466
467
471
473

Express provisions for dissolution
No express provisions for dissolution
Consequences of dissolution

Succession
16

The settlement of disputes

(1) Disputes between states and organizations or
between organizations
(a) The relevance of the rule of local remedies
(b) Diplomatic protection of staff members by
national states
(c) The institution of claims by organizations

(2) Employment disputes
(a) Settlement by administrative organs
(b) Establishment of internal courts
(i) Authority
(ii) Reasons
(c) The structure of international administrative tribunals
(d) Principal operational features of international
administrative tribunals
(i) Jurisdiction in general
(ii) Procedure
(iii) Nature of decisions
(iv) Reasoning in decisions
(v) Remedies
(vi) Interpretation, rectification and review
(vii) Enforcement of decisions

(3) Settlement of disputes involving private parties,
states or organizations at the national level
(4) Disputes between member states before international
organizations
(a) Violations of Article 2(4) of the UN Charter
(b) General powers of the UN under Chapter VI of
the Charter

Index

479
480
482
487
488
489
489
492
492
494
495
497
497
499
499
501
502
502
503
504
506
507
510
512


Preface

This book was designed in 1996, at the time the first edition was published, to meet a perceived need for a work of both an academic and
practical character, specifically on the institutional, as contrasted with
the functional or operational, law of international organizations. While
there was and is some literature on the subject, it did not and does not
have an adequate academic orientation or was not or is not sufficiently
specialized in the institutional field.
The first edition required updating, revision and addition of a much
needed Chapter 8 on judicial organs of international organizations, consequent upon the attention being paid and emphasis being given in
the life of international organizations to international administrative
courts, particularly, and also to the two ad hoc international criminal
tribunals as organs of organizations, in that they are established and
financed by organizations.
The fact that the first edition sold out and is out of print was also
a consideration for doing a second edition at this point in time. Some
useful suggestions made by reviewers of the first edition have been taken
into account for this second edition. Generally the book speaks for itself.
One of the important characteristics of the book is that it identifies and
discusses principles, where they exist, while acknowledging in other
areas that practices could differ.
I was in no small measure encouraged to undertake this second edition by the positive reviews given to the original book, not to mention the fact that the first edition was well received and acclaimed
in academia and among professional international lawyers and administrators. It should undoubtedly continue to be of use and interest alike to academics, practitioners and students both graduate and
undergraduate.
xiii


xiv

preface

I should like to express my gratitude to my friends, Laura and Emily
Crow, who assiduously and with ardour typed the new chapter 8 and
the expanded chapter 16.
C. F. Amerasinghe
Maryland
U.S.A.
November 2003


Abbreviations

AD
ADB
ADBAT
Adelaide LR
ADF
AFDB
AFDI
AIDI
AJCL
AJIL
AMF
AOI
ASDI
ASEAN
ASIL
BADEA
BDARO
BIS
Brooklyn JIL

BYIL
CACM
CAFRAD

xv

Annual Digest of Public International Law
Cases (now ILR)
Asian Development Bank
Asian Development Bank Administrative
Tribunal
Adelaide Law Review
African Development Fund
African Development Bank
Annuaire Français de droit international
Annuaire de l’Institut de droit international
American Journal of Comparative Law
American Journal of International Law
Arab Monetary Fund
Arab Organization for Industrialization
Annuaire Suisse de droite international
Association of South East Asian Nations
American Society of International Law
Arab Bank for Economic Development
in Africa
Basic Documents on African Regional
Organizations (L. Sohn (ed.))
Bank for International Settlements
Brooklyn Journal of International Law
British Yearbook of International Law

Central American Common Market
African Training and Research Centre in
Administration for Development


xvi

list of abbreviations

California Western ILJ
CARICOM
CDB
CERN
CGIAR
Chicago JIL
CIC
CIEPS
CIPE
CIPEC
CJEC
CLJ
CODAM
COE
COEAB
Col. JTL
COMECON
Commodity Fund
Cornell ILJ
CPR
CS

CSAT
CYIL
EAC
EADB
EBRD
EC
ECHR
ECOSOC

California Western International Law
Journal
Caribbean Community
Caribbean Development Bank
European Organization for Nuclear
Research
Consultative Group for International
Agricultural Research
Chicago Journal of International Law
Caribbean Investment Corporation
International Center for Registration
of Serials
Centro Inter-Americano Promoción
Exportaciones
Intergovernmental Council for Coffee
Exporting Countries
Court of Justice of the European
Communities
Cambridge Law Journal
Committee on Executive Directors
Administrative Matters (IBRD)

Council of Europe
Council of Europe Appeals Board
Columbia Journal of Transnational Law
Council for Mutual Economic Assistance
Common Fund for Commodities
Cornell International Law Journal
Chinese People’s Republic
Commonwealth Secretariat
Commonwealth Secretariat Administrative
Tribunal
Canadian Yearbook of International Law
East African Community
East African Development Bank
European Bank for Reconstruction and
Development
European Communities
European Commission on Human Rights
Economic and Social Council


list of abbreviations

ECOWAS
ECR
ECSC
ECtHR
EEC
EFTA
EIB
ELDO

EMBL
EPO
ERTA
ESA
ESAAB
ESO
ESOC
ESRO
EU
Euratom
Eurocontrol
FAO
FCC
Fordham ILJ
FRG
GA
Ga. JCIL
GAOR
GATT
GEF
GYIL
Hague Recueil
Harv. ILJ
HLR
Howard LJ

xvii

Economic Community of Western African
States

European Court Reports
European Coal and Steel Community
European Court of Human Rights
European Economic Community
European Free Trade Association
European Investment Bank
European Space Vehicle Launcher
Development Organization
European Molecular Biology Laboratory
European Patent Organization
European Road Transport Agreement
European Space Agency
ESA Appeals Board
European Southern Observatory
European Space Operations Center
European Space Research Organization
European Union
European Atomic Energy Community
European Organization for the Safety of
Air Navigation
Food and Agricultural Organization
Federal Communications Commission
Fordham International Law Journal
Federal Republic of Germany
General Assembly (UN)
Georgia Journal of Comparative and
International Law
Official Records of the General Assembly
General Agreement on Tariffs and Trade
Global Environmental Facility

German Yearbook of International
Law
Recueil de Cours of the Hague Academy
of International Law
Harvard International Law Journal
Harvard Law Review
Howard Law Journal


xviii

IACHR
IACtHR
IADB
IADBAT
IAEA
IAL
IAT
IBE
IBRD
ICAN
ICAO
ICEM
ICJ
ICLQ
ICM
ICO
ICRC
ICRISAT
ICSID

ICTR
ICTY
IDA
IDB
IDBAT
IFAD
IFC
IGO
IIA
IIC
IIIC

list of abbreviations

Inter-American Commission on Human
Rights
Inter-American Court of Human Rights
Inter-American Development Bank
IADB Administrative Tribunal
International Atomic Energy Agency
International Administrative Law
International Administrative Tribunal
International Bureau of Education
International Bank for Reconstruction
and Development
International Commission for Air
Navigation
International Civil Aviation Organization
Intergovernmental Committee for European
Migration

International Court of Justice
International and Comparative Law
Quarterly
Intergovernmental Committee for Migration
International Cocoa Organization
International Committee of the Red Cross
International Crops Research Institute for
the Semi-Arid Tropics
International Centre for the Settlement of
Investment Disputes
International Criminal Tribunal for Rwanda
International Criminal Tribunal for the
former Yugoslavia
International Development Association
Inter-American Development Bank
IDB Administrative Tribunal
International Fund for Agricultural
Development
International Finance Corporation
Intergovernmental Organization
International Institute of Agriculture
Inter-American Investment Corporation
International Institute of Intellectual
Co-operation


list of abbreviations

IJIL
ILC

ILM
ILO
ILOAT
ILR
IMCO
IMF
IMFAT
IMO
INMARSAT
INRO
Int. Org.
INTELSAT
Inter pol.
IOM
IPI
IPU
IRO
ISA
ISO
ITA6
ITC
ITLOS
ITO
ITU
JCLIL
JDI
JWTL
LN
LNT
LQR

Michigan JIL

xix

Indian Journal of International Law
International Law Commission
International Legal Materials
International Labor Organization
ILO Administrative Tribunal
International Law Reports
Intergovernmental Maritime Consultative
Organization
International Monetary Fund
IMF Administrative Tribunal
International Maritime Organization
International Maritime Satellite
Organization
International Natural Rubber Organization
International Organization
International Telecommunications Satellite
Organization
International Police Organization
International Organization for Migration
International Patent Institute
International Paleontological Union
International Refugee Organization
International Seabed Authority
International Organization for
Standardization
Sixth International Tin Agreement

International Tin Council
International Tribunal for the Law of
the Sea
International Trade Organization
International Telecommunication Union
Journal of Comparative Legislation and
International Law
Journal de droit international
Journal of World Trade Law
League of Nations
Administrative Tribunal of the League of
Nations
Law Quarterly Review
Michigan Journal of International Law


xx

list of abbreviations

MIGA
NATO
NATOAB
Nederlands TIR
NGO
NILR
Nordic JIL
NYUJIL
NYUJILP
OAPEC

OAS
OASAT
OAU
OCAM
OCTI
OECD
OEEC
OIHP
OJ Eur. Comm.
ONU
ONUC
OPEC
OZfR
OZOR
PAHO
PCA
PCIJ
PLO
Polish YIL

Multilateral Insurance Guaranty Agency
North Atlantic Treaty Organization
NATO Appeals Board
Nederlands Tijdschrift voor International
Recht
Non-governmental Organization
Netherlands International Law Review
Nordic Journal of International Law
New York University Journal of
International Law

New York University Journal of
International Law and Policy
Organization of Arab Petroleum Exporting
Countries
Organization of American States
OAS Administrative Tribunal
Organization of African Unity
Organisation commune africaine et
malagache
Central Office for International Railway
Transport
Organization for Economic Co-operation
and Development
European Organization of Economic
Co-operation
Office International d’Hygiène Publique
Official Journal of the European
Communities
United Nations Organization
United Nations Congo Operation
Organization of Petroleum Exporting
Countries
¨
Osterreichische
Zeitschrift f¨
ur Recht
¨
¨
Ostèrreische Zeitschrift f¨
ur Offentliches

Recht
Pan-American Health Organization
Permanent Court of Arbitration
Permanent Court of International Justice
Palestine Liberation Organization
Polish Yearbook of International Law


list of abbreviations

RBDI
RDI
RDIDC
RDILC
REDI
RGDIP
RGSt
RHDI
RI
Rs.
SALJ
SAYBIL
SC
SDR
SG
Soviet YBIL
StJIL
TC
TEU
TGS

UAE
UAR
UN
UNAT
UNCIO
UNCLOS
UNCTAD
UNDP
UNECLA
UNEF
UNEP
UNESCO
UNFICYP

xxi

Revue Belge de droit international
Rivista di diritto internazionale
Revue de droit international et droit
comparé
Revue de droit international et legislation
comparée
Revista Espa˜nola de Derecho Internacional
Revue générale de droit international public
Reichgerichtentscheidungen im Strassachen
Revue Hellénique de droit international
Revue de droit international
Resolution
South African Law Journal
South African Yearbook of International

Law
Security Council
Special Drawing Right
Secretary-General (UN)
Soviet Yearbook of International Law
Stanford Journal of International Law
Trusteeship Council
Treaty of European Union
Transactions of the Grotius Society
United Arab Emirates
United Arab Republic
United Nations Organization
UN Administrative Tribunal
United Nations Conference on International
Organizations
UN Convention on the Law of the Sea
United Nations Conference on Trade and
Development
United Nations Development Programme
United Nations Economic Commission for
Latin America
United Nations Emergency Fund
United Nations Environmental Programme
United Nations Educational, Scientific and
Cultural Organization
United Nations Forces in Cyprus


xxii

list of abbreviations

UNGA
UNGAOR
UNHCR
UNICEF
UNIDO
UNJY
UNRRA
UNRWA
UNSC
UNSG
UNTS
UPU
Vanderbilt JIL
Vienna Convention
VaJIL
VJIL
WBAT
WEU
WEUAB
WHO
WIPO
WMO
World Bank
WTO
Yale LJ
YBILC
ZAORV

UN General Assembly
UNGA Official Records
United Nations High Commissioner for
Refugees
United Nations International Children’s
Emergency Fund
United Nations International Development
Organization
United Nations Juridical Yearbook
United Nations Relief and Rehabilitation
Agency
United Nations Relief and Works Agency
UN Security Council
United Nations Secretary General
United Nations Treaty Series
Universal Postal Union
Vanderbilt Journal of International Law
Vienna Convention on the Law of Treaties,
1969
VJIL
Virginia Journal of International Law
World Bank Administrative Tribunal
Western European Union
WEU Appeals Board
World Health Organization
World Intellectual Property Organization
World Meteorological Organization
IBRD
World Trade Organization
Yale Law Journal

Yearbook of the International Law
Commission
¨
Zeitschrift f¨
ur Ausländisches Offentliches
Recht und V¨
olkerrecht


Table of cases

A. v. UNECLA
page 325
Admissibility of Hearings Case
197
Advernier
290
Aerial Incident Case
45
Aerial Incident Case (Israel v. Bulgaria)
472
A-G v. Nissan
83
A-G of Israel v. Eichmann
191
Aglion
279
Agostino v. de Antueno
340
Aicher

285
Air Transport Services Agreement Arbitration
461--2
Alaniz
288
Algera
288, 289
Ali Ali Reza Case
340
Alonson (No. 3)
311
Aminoil Arbitration
162
Angelopoulos, Decision No. 57
288, 301
Angelopoulos, Decision No. 71
289
Antin
323, 345
Applicability of Article VI, Section 22 of the Convention on
Privileges and Immunities of the United Nations Case
343--4, 348
Application for Review of Judgment No. 158 of the United
Nations Administrative Tribunal Case
501--2
Application for Review of Judgment No. 273 of the United
Nations Administrative Tribunal Case
286
Arab Monetary Fund v. Hashim and Others (No. 3)
70, 73--4, 76, 88,

91--2, 399, 411, 505

xxiii