Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-5wvtr Total loading time: 0 Render date: 2024-07-16T14:39:07.236Z Has data issue: false hasContentIssue false

6 - Acts of non-judicial organs: their legal effect

Published online by Cambridge University Press:  10 December 2009

Chittharanjan Felix Amerasinghe
Affiliation:
Member, Institut de Droit International; Doctor of Law, University of Cambridge
Get access

Summary

There are two important problems of legal principle relating to the acts of organizations. The first concerns the applicability, scope and effect of the doctrine of ultra vires in regard to these acts. The second relates to the effects of acts performed by organs of organizations, such as the General Assembly of the UN, the Executive Directors of the IBRD, the deliberative assemblies of the FAO or the ILO and the secretariats of international organizations. The second matter will be discussed here, while the first problem will be dealt with in the next chapter.

The legal effect of the acts of organs of organizations, and consequently of organizations, is a matter which has exercised jurists for some time. While most attention has been paid to the resolutions of the General Assembly of the UN, there has been work done on other organizations. It is not the purpose here to discuss in detail the legal or other effects of acts of the organs of all organizations but to identify any general principles which may apply to what may be described generally as resolutions (or decisions) of organs. Inevitably, the UN will be the basic model but any general principles would apply to other organizations.

A principle which seems to be basic is that the power to perform acts is derived from the constitution of an organization, whether such power is explicit or implied. Consequently, the legal effect of these acts should depend on the constitutional provisions in question.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2005

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×