Common Law of International Organizations
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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 a oesystemic integrationa of legal
regimes constituting internal law of the organization.
