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General Reflections on International Organizations Adapting to A Rapidly Changing World

Published online by Cambridge University Press:  20 January 2017

August Reinisch*
Affiliation:
University of Vienna, Austria

Abstract

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Type
Adapting to Change: The Role of International Organizations
Copyright
Copyright © American Society of International Law 2016

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Footnotes

*

He is president of the Austrian Branch of the ILA and vice president of the German Society of International Law. He is indebted to Jan Klabbers for a stimulating debate in the course of their contributions to the forthcoming Oxford Handbook on the Sources of International Law. He can be contacted at august.reinisch@univie.ac.at

References

1 The maxim “pacta tertiis nec nocent nec prosunt” has been codified in Article 34 of the Vienna Convention on the Law of Treaties (“A treaty does not create either obligations or rights for a third State without its consent.”).

2 Seyersted, Finn, Is the International Personality of Intergovernmental Organizations Valid vis-á-vis Non-Members?, 4 Indian J. Int’l L. 233-68 (1964)Google Scholar.

3 Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion, 1949 ICJ Rep. 174, 185 (“[...] fifty States, representing the vast majority of the members of the international community, had the power, in conformity with international law, to bring into being an entity possessing objective international personality, and not merely personality recognized by them alone, together with capacity to bring international claims.”).

4 See International Law Association, Committee on Accountability of International Organizations – Final Report, in Report of the 71St Conference Berlin 164 (2004).

5 Rep. of the Int’l Law Comm’n, 63d Sess., Draft Articles on the Responsibility of International Organizations, with Commentaries, Apr. 26-June 3, July 4-Aug. 12, 2011, U.N. Doc. A/66/10; GAOR, 66th Sess., Supp. No. 10 (2011).

6 Rep. of the Int’l Law Comm’n, 53d Sess., Draft Articles on Responsibility of States for Internationally Wrongful Acts, Apr. 23-June 1, July 2-10, 2001, U.N. Doc. A/56/10, GAOR, 56th Sess., Supp. No. 10 (2001).

7 See Rep. of the Int’l Law Comm’n, 66th Sess., May 5-June 6, July 7-8, 2014, U.N. Doc. A/69/10, ¶ 159, GAOR, 69th Sess., Supp. No. 10 (2014).