[ Pobierz całość w formacie PDF ]
.The lay-out of this bookIt is slightly problematic to find a decent way of structuring a study which is not limited to a single legal system.When studying a single legal system, one can always ask oneself what that system’s sources are, what its subjects are, what its rules say and how it copes withdisputes; witha book suchas the present, however, comparing various legal subsystems and placing them within the larger framework of international law, those questions offer but limited guidance.Therefore, it is perhaps wiser simply to apply the more or less chrono-logical method, and follow international organizations from their creation through to their possible demise, and deal with a variety of questions that may arise along the way.It is this idea (borrowed from Amerasinghe) that guides the succession of chapters in this book, although the reader should realize that the idea itself is an abstraction, which does not necessarily do full and complete justice to real life.Thus, I will discuss the creation of international organizations as legal entities, examine the links between the law of international organizations and general rules of international law (in particular the law of treaties), discuss issues of membership and financing, outline the legal rules relating to privileges and immunities, discuss the adoption of legal acts by the organization as well as what to do when those legal acts may give rise to doubts, debate the external activities of international organizations and issues of responsibility under international law, and will conclude by examining the possible dissolution of international organizations.14an introduction to international institutional lawI will not, however, engage in comparative research or description: such has been done brilliantly by Schermers & Blokker, and it is not my ambition to try and improve on their seminal work.Instead, my aim is to study general problems organizations have in common and the range of possible solutions, and to analyse why so few of the solutions can be offered with any great amount of confidence or certainty.In doing so, two international organizations will often be singled out for illustrative purposes: the United Nations, and the European Community.The reason for the choice of the United Nations will be obvious: it is the single most important existing international organization, aiming to provide peace and security for the whole of mankind.Moreover, and a bit more to the point, in many respects the activities of the UN have served, and continue to serve, as models for other organizations.To name but one example: the privileges and immunities of many international organizations are modelled upon those of the UN.The choice of the European Communities requires perhaps some explanation, especially in light of the fact that many writers think the EC is so unique that it warrants separate treatment: what may hold good for international organizations, generally, may not hold good for the EC.46 Yet, precisely because of its unique features, the EC may serve as a blueprint or a source of inspiration for possible future developments.For, if the phenomenon of international organization is to develop, it is not unlikely that future organizations will to some extent take the EC as a model and, perhaps, learn from its mistakes.Moreover, while acknowledging that the ECis an organization sui generis that in many respects cannot be compared to other organizations, it is, nevertheless, still an international organization,47at least to the international lawyer.4846 Thus, Amerasinghe, Principles, is practically silent on the EC, as is a monograph such as Tetsuo Sato, Evolving Constitutions of International Organizations (The Hague, 1996).47 And arguably losing some of its sui generis qualities and therewith becoming more like a ‘regular’organization.See briefly Jan Klabbers, ‘On Babies, Bathwater, and the Three Musketeers, or the Beginning of the End of European Integration’, in Veijo Heiskanen & Kati Kulovesi (eds.), Function and Future of European Law (Helsinki, 1999), 275–81 [ Pobierz całość w formacie PDF ]