Contemporary Soviet Doctrine on the Juridical Nature of Universal International Organizations

1971 ◽  
Vol 65 (3) ◽  
pp. 502-521 ◽  
Author(s):  
Chris Osakwe
Keyword(s):  
Foreign Policy ◽  
International Law ◽  
International Organizations ◽  
Legal Status ◽  
Mirror Reflection ◽  
Public Morality ◽  
Policy Makers ◽  
Soviet Foreign Policy

Whether or not we agree with the statement that international law is nothing but “international public morality” or, what amounts to the same thing, that international law is “primitive law” as compared with its municipal counterpart, we are more likely to agree on the question that Soviet doctrinal international law1 is nothing but a mirror reflection of official Soviet governmental and party policies. It is essentially a “fighting international law” 2 which has often proved a valuable weapon in the armory of Soviet foreign policy-makers. The zig-zag development of the Soviet doctrinal approach to the question of international personality in general, and in particular to the international legal status of international organizations, vividly demonstrates this fact. We propose to examine in greater detail just one aspect of the Soviet doctrine of international law—the concept of secondary subjects of international law.

Legal and Economic Factors Affecting Soviet Russia's Foreign Policy, I

1944 ◽  
Vol 38 (4) ◽  
pp. 656-669
Author(s):  
Charles Prince
Keyword(s):  
Foreign Policy ◽  
International Law ◽  
Economic Factors ◽  
Factors Affecting ◽  
State Apparatus ◽  
Dynamic Forces ◽  
Soviet Foreign Policy ◽  
Proper Perspective ◽  
Proletarian Revolution ◽  
First Time

This study attempts to appraise the dynamic forces at play in the shaping of Soviet foreign policy and to discuss some of the recent problems of international law and diplomacy as viewed by the U.S.S.R. In order to place Russia's recent tortuous foreign policy in its proper perspective, it is essential to begin with a résumé of the changing Soviet concepts of law, followed by a consideration of the economic factors influencing these concepts. The shifting line of recent Soviet foreign policy will be discussed in a later part of the article.Originally, the Soviet concept of law was predicated on transitional socialism; Soviet theorists argued that proletarian revolution has for the first time in history created a socialist state of workmen and peasants. “This is the highest type of state—that of the dictatorship of the proletariat.” Having emerged victorious, the working class destroyed the oppressive, bourgeois state machinery and built a new state apparatus of its own. The new form of state, discovered by Lenin, is the Soviet Republic. The task of the workers is further to strengthen the dictatorship of the proletariat.

Functionalism According to Paul Reuter: Playing a Lone Hand

2020 ◽  
Vol 31 (2) ◽  
pp. 543-564
Author(s):  
Evelyne Lagrange
Keyword(s):  
International Law ◽  
International Organizations ◽  
Policy Makers ◽  
Public International Law ◽  
Respective Role ◽  
International Law Commission ◽  
Law Commission

Abstract The true designer of the High Authority of the European Coal and Steel Community (ECSC) might have been a French professor of international law, Paul Reuter (1911–1990). Then working in the shadow of Jean Monnet, he became one of the leading experts in public international law in France from the late 1950s on and also served on the International Law Commission. It was not his style to develop a fully-fledged theory of functionalism, but he paid the utmost attention to the ‘functions’ of international organizations. While demonstrating a certain reluctance towards some consequences associated with functionalism, he expressed no disdain for a lite version of ‘constitutionalism’. Discretely, Reuter outlined a balancing between ‘functionalism’ and ‘constitutionalism’. He more insistently elaborated on the respective role of experts and policy-makers.

The “Lessons” of Vietnam and Soviet Foreign Policy

1981 ◽  
Vol 34 (1) ◽  
pp. 1-24 ◽  
Author(s):  
William Zimmerman ◽  
Robert Axelrod
Keyword(s):  
Foreign Policy ◽  
Soviet Union ◽  
Policy Dialogue ◽  
Policy Makers ◽  
Soviet Policy ◽  
The Soviet Union ◽  
Soviet Foreign Policy ◽  
The Media ◽  
The Third World ◽  
Individual Choices

This study systematically identifies the Soviet lessons of Vietnam as presented in eleven Soviet newspapers (specialized and regional as well as the central papers) and eight journals. Altogether, 1,585 citations were coded, representing more than 70 different lessons. A predominant finding is that the most common lessons the Soviet Union learned from Vietnam differed from their American counterparts: the Soviet lessons would not have warned the leadership about the dangers of military intervention in Afghanistan. A left/right scale was constructed, based on such issue clusters as why the communists won in Vietnam, the nature of imperialism, and the implications of Soviet policy in the Third World. Substantial variation was found among the media examined, many of which are linked to specific Soviet institutions. The implication is that Soviet foreign policy is contingent upon individual choices, institutional interplay, and changing contexts. This, in turn, suggests that Western policy makers should not lose sight of their capacity to influence the Soviet policy dialogue, and hence Soviet policy choices.

The Work of The International Law Commission on “Relations between States and International Organizations” Discontinued: an Assessment

1993 ◽  
Vol 6 (1) ◽  
pp. 3-16 ◽  
Author(s):  
Peter H.F. Bekker
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Status ◽  
General Assembly ◽  
Legal Personality ◽  
Progressive Development ◽  
Un General Assembly ◽  
International Law Commission ◽  
Law Commission

The UN General Assembly has recently decided to delete from the agenda of the International Law Commission the topic ‘Relations between States and International Organizations’.Over a period of 31 years, fourteen Reports by two successive Special Rapporteurs studied the topic in two parts. The First part of the topic (1963–1975) dealt with the privileges and immunities of representatives of states to international organizations, and resulted in a Convention, that has, however, not yet entered into force; the Second part of the topic (1976–1992) concentrated on the legal status and immunities of organizations themselves.The author analyzes the Draft Articles that have been submitted in the course of the ILC's study of the Second part. This is done by way of a three-step application of the functional necessity concept of organizational immunities:(1) Status, dealing with an organization's functions, legal personality and capacity-(2) Selection, defining a scale of organizational immunities for which an organization may be eligible - and (3) Scope, determining the extent of selected immunities. Finally, the author employs the two statutory functions of the ILC -the codification of international law and the progressive development of international law- to assess the contribution by the ILC to this field of international institutional law.

The Union Republics and Soviet Diplomacy: Concepts, Institutions, and Practices

1959 ◽  
Vol 53 (2) ◽  
pp. 383-411 ◽  
Author(s):  
Vernon V. Aspaturian
Keyword(s):  
Foreign Policy ◽  
United Nations ◽  
International Law ◽  
Marked Contrast ◽  
Soviet Government ◽  
The Past ◽  
Soviet Foreign Policy ◽  
The United Nations ◽  
Precise Role

Ever since the constitutional improvisations of February 1, 1944, one of the enigmatic and obscure aspects of Soviet diplomacy has been the precise role of the Union Republics in its execution, administration and procedures. Aside from the participation of the Ukraine and Byelorussia in the work of the United Nations and its affiliated bodies and conferences, little attention has been paid to the role or potential of the Union Republics in Soviet foreign policy. Their apparent diplomatic inertia, however, is misleading, for in marked contrast to their meager formal participation in external affairs is their increasing implication in the quasi-diplomatic maneuvers of the Soviet Government. Furthermore, the juridical capacity of the Republics to embark on diplomatic adventures meets the formal canons of internal and international law, and remains intact in spite of the past dormancy of their diplomatic organs. At opportune moments it may be transmuted into concrete diplomatic benefits.

1 Legal Status (Personality), 1.6 Application of the Interim Accord of 13 September 1995 ( The Former Yugoslav Republic of Macedonia v Greece ), Judgment, [2011] ICJ Rep 644

2016 ◽  
Author(s):  
Barros Ana Sofia
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Status ◽  
State Participation ◽  
State Compliance ◽  
The Icj ◽  
Decision Making Processes ◽  
Yugoslav Republic ◽  
The Individual ◽  
Of Greece

The present case addresses the responsibility of states for their own conduct performed in the framework of international organizations. The matter at stake concerned the responsibility of Greece for its objection to FYROM’s candidacy for membership in NATO, which eventually led to latter’s decision to refuse FYROM’s admission. Contrary to Greece’s contention that the decision had been taken by NATO as a whole, and that it was thus solely attributable to it, the ICJ lifted the institutional veil and rather concentrated on the legality of the individual conduct of Greece. In this decision, the Court confirmed that member state participation in institutional decision-making processes can, in its own right, constitute legally relevant conduct against which state compliance with earlier international law obligations may be judged.

scholarly journals Judicial Decisions on the Law of International Organizations

2016 ◽  
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Status ◽  
International Affairs ◽  
Judicial Decision ◽  
Judicial Decisions ◽  
Institutional Structures ◽  
Domestic Courts ◽  
The Subject ◽  
The Law

Concomitant with the rising relevance of international organizations in international affairs, and the general turn to litigation to settle disputes, international institutional law issues have increasingly become the subject of litigation, before both international and domestic courts. While there are several textbooks introducing the law of international organizations, the judicial treatment of this sub-field of international law has not been given the attention due to it. This book contains excerpts of the most prominent international and domestic judicial decisions that are relevant to the law of international organizations, as well as comments thereto. The book contains case-notes regarding about fifty judicial decisions of international and domestic courts. Each case-note consists of five sections, discussing (1) the relevance of the case, (2) the facts, and (3) the legal question; giving (4) a relevant excerpt of the judicial decision; and (5) commenting on the decision. The commentaries are written by leading experts, both scholars and practitioners. The book is divided into seven parts, which correspond to classic categories of international institutional law: (1) legal status (personality), (2) legal powers, (3) institutional structures and position of members, (4) legal acts, (5) obligations, (6) responsibility and accountability, and (7) immunity.

OPICAL ISSUES OF THE FATF’s INTERNATIONAL LEGAL STATUS

2020 ◽  
pp. 144-153
Author(s):  
Denis A. Alexander ◽  
Keyword(s):  
International Law ◽  
Money Laundering ◽  
International Organizations ◽  
Legal Status ◽  
Task Force ◽  
Point Of View ◽  
International Treaties ◽  
Intergovernmental Organization ◽  
The Law ◽  
Financing Of Terrorism

Anti-money laundering and combating the financing of terrorism (AML/CFT) is a complex area in which many state authorities of the countries of the world are involved, as well as numerous international organizations and institutions. One of these international institutions is the Financial Action Task Force on Money Laundering (FATF), the main organization in this area. There are many disputes among the scientific community and practitioners regarding its legal status. It is not an international (intergovernmental) organization under international law. But is it worth it to acquire such a status and what are the consequences of its acceptance / non-acceptance? This article will analyze in detail the legal status of the FATF from the point of view of international law (the law of international organizations, the law of international treaties, the law of international customs), as well as study other issues directly related to it, which may affect the international community's decision to change its status, for example the fact of possible politicization of the FATF due to its informal status.

International Law, US Foreign Policy and Post-9/11 Islamic Fundamentalism: The Legal Status of the 'War on Terror'

2008 ◽  
Vol 77 (1-2) ◽  
pp. 87-103
Author(s):  
Javaid Rehman ◽  
Saptarshi Ghosh
Keyword(s):  
United States ◽  
Foreign Policy ◽  
United Nations ◽  
International Law ◽  
War On Terror ◽  
Legal Status ◽  
The United States ◽  
United States Government ◽  
Significant Activity ◽  
The United Nations

AbstractThe days immediately after 11 September 2001 saw considerable tension, anger and anxiety. These politically charged days witnessed significant activity within the United Nations and various agencies of international law. The world community rightly condemned the 9/11 attacks as cowardly actions and an unforgivable crime against humanity. The entire global public opinion expressed sympathy for the victims of 9/11 and empathised with the people of the United States. The show of human solidarity as well as the Resolutions within the United Nations were the responses from the international community and international law to the terrorist attacks on the United States. It becomes, therefore, quite ironic that the enormity of the 9/11 human tragedy was used by the United States government to undermine the established norms, practices, principles and framework of international law. Over the past six years, the United States foreign policy has continued to violate international law and brutalise human dignity. This paper critically examines the systematic violation of international norms under the banner of 'war on terror'. It takes the view that the 'war on terror' has had exactly the effect which it proclaimed to prevent-namely the growth of radicalisation, terrorism and Islamic extremism.

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