International organizations and international dispute settlement : trends and prospects

While there are several examples of international organizations taking part in the work of other international organizations (in an advisory or observer capacity), there are not as many examples of international organizations being full members of other international organizations. Schermers, H.G., "International Organizations as Members of Other 1 ## Introduction and Acknowledgments • xxiii of Law, for helping putting together the documentary annex, and Rachael Brickman, Graduate Assistant of the Center on International Cooperation, NYU, and Todd Diamond for painstakingly editing this volume. Last but not the least, many thanks are due to Andrea Bichsel who conceived and designed the cover of this book, and to John Berger of Transnational Publishers for supporting this endeavor and leading it to completion with his unrelenting encouragement and valuable suggestions. Title Page Copyright Page Dedication Table of Contents Abbreviations Introduction and Acknowledgments PART I GENERAL OVERVIEW Chapter 1. International Organizations and the International Judicial Process: An Overview Contentious Jurisdiction Judicial Bodies whose Jurisdiction is not Limited to a Specific Geographic Area Regional Human Rights Bodies Judicial Bodies of Regional Economic and Political Integration Agreements Europe Latin America Advisory Jurisdiction Judicial Bodies whose Jurisdiction is not Limited to a Specific Geographic Area Regional Human Rights Bodies Judicial Bodies of Regional Economic and Political Integration Agreements Europe Latin America Africa Conclusions Chapter 2. International Organizations as Parties to Contentious Cases: Selected Aspects General Aspects: Contentious Cases and International Organizations Contentious Cases under General International Law Problems arising when International Organizations are Admitted as Parties to Cases under General International Law: the Experience of the International Tribunal for the Law of the Sea Contentious Cases before Domestic Courts, under the Domestic Law of International Organizations and in “Transnational” Private Law Situations PART II THE EUROPEAN UNION AND INTERNATIONAL JUDICIAL BODIES Chapter 3. The European Union and International Dispute Settlement The EU as a State-Like Subject of International Law The EU and Dispute Settlement: General Considerations The EU and the WTO Dispute Settlement Mechanism Other Mechanisms Internal EU Procedures Concluding Remarks Chapter 4. The European Union before the European Court of Human Rights The European Union as Human Rights Violator? The European Union is not a Party to the European Convention on Human Rights The Approach of the European Court of Human Rights Allegations of Human Rights Violations by Institutions of the European Community The European Community as Friend of the Court The Commission’s Intervention in “Senator Lines GMBH v. 15 Member States of the European Union” The Need for an External Human Rights Review of Community Action PART III INTERNATIONAL ORGANIZATIONS AND THE INTERNATIONAL COURT OF JUSTICE Chapter 5. Request of Advisory Opinions in Contentious Cases? Introduction Advisory Opinions Accepted as Decisive: Disputes between International Organizations and States Advisory Opinions Accepted as Decisive: Review of Judgments of Administrative Tribunals Ordinary Advisory Opinions Some Concluding Remarks Ordinary Advisory Opinions Binding Advisory Opinions in a Dispute between an Organization and a Single State Binding Advisory Opinions in a Dispute between an Organization and its Officials Chapter 6:. Advisory Opinions and the Furtherance of the Common Interest of Mankind Issues of Global Public Policy and the Request for an Advisory Opinion Resort to the Court as a Means of Promoting the Common Interest of Human Kind Advisory Opinions and the Diversification of International Institutions and Dispute Settlement Mechanisms Request for Advisory Opinions and the Changes in the International Decision-Making Process Some Thoughts on the Openness of the Advisory Process Non-State Actors in the Consultative Process Conclusion Chapter 7. Links Between the ILO and the ICJ: A Less Than Perfect Match Introduction The ILO Constitution and Structure: The Rationale for Granting Access to the Court by the ILO First Link between the Two: ILO Commission of Inquiry and the ICJ (Article 29.2 of the ILO Constitution) ILO Complaints Procedure Genesis of Article 29.9 of the ILO Constitution Procedure and Failure to Secure Corresponding Fitting in the PCIJ Statute What Could be Made, and by Whom, of the Procedure of Article 29.2 of the ILO Constitution? Right of Appeal of the ILO Governing Body Right of Appeal of the State against which a Compliant is Made Second Link between the Two: ICJ Interpretative Functions in the Context of ILO Normative Actions (Art. 37.1 of the ILO Constitution) Conclusions PART IV INTERNATIONAL ORGANIZATIONS AND AMICUS CURIAE Chapter 8. Intergovernmental Organizations as “Friends of the Court” Introduction The Role of Amicus Curiae Intergovernmental Organizations as Amici Curiae: Procedure and Practice (i) International Court of justice (ii) International Criminal and Human Rights Courts and Tribunals (iii) The World Trade Organization Dispute Settlement System Policy Considerations for International Organizations (i) The Purpose of Amicus Briefs (ii) When Might International Courts and Tribunals Wish to Solicit Amicus Briefs from International Organizations? (iii) When Might International Organizations Seek to File Amicus Submissions? Conclusions PART V LIAISONS DANGEREUSES: THE INDEPENDENCE OF JUDICIAL BODIES FROM THE ORGANIZATIONS OF WHICH THEY ARE ORGANS Chapter 9. Process Integrity and Institutional Independence in International Organizations: The Inspection Panel and the Sanctions Committee of the World Bank Introduction Interpretation Immunity The Inspection Panel Operating Procedures Experience Review of Experience Inspection Mechanisms in Regional Development Banks The Compliance Advisor Ombudsman (CAO) The Sanctions Committee Process Procurement Context Experience The Issue of Independence Conclusions Chapter 10. The Relationship Between Political and Judicial Organs of International Organisations: The Role of the Security Council in the New International Criminal Court Introduction The Relationship between the Security Council and the ICC as Defined in the Rome Statute The Security Council has the Power to Trigger the Jurisdiction of the ICC through Referral of Situations The Security Council has the Power to Defer Action by the ICC in Situations Involving Threats to International Peace and Security The Security Council has a Potential Role in the Exercise by the ICC of its Jurisdiction over the Crime of Aggression The Security Council Plays a Role in Ensuring the Cooperation of States with the ICC The Relationship between the Security Council and the ICC from the Perspective of the International Legal System The Legal/Political Dichotomy and the Distinction between Political and Judicial Organ The Question of Hierarchy in the Relationship between Political and Judicial Organs Conclusion Chapter 11. Judicial Independence in the World Trade Organization Origins of Judicial Independence The WTO Judiciary and its Independence The WTO’s Judicial Branch Is There Judicial Independence in the WTO? Criticism of the WTO Judiciary Asbestos: Judicial Independence under Pressure Conclusion Conclusions Whither the Judicial Function? Concluding Remarks Documentary Annex INTERNATIONAL ORGANIZATIONS A) United Nations A.1) Charter of the United Nations A.2) Statute of the International Court of Justice A.3) ICJ Rules of Court (1978), as Amended on 5 December 2000 A.4) Convention on the Privileges and Immunities of the United Nations A.5) Agreement Between the United Nations and the United States of America Regarding the Headquarters of the United Nations B) United Nations Convention on the Law of the Sea B.1) Annex IX-Participation by International Organizations B.2) Agreement Relating to the Implementation of Part XI of the Convention B.3) Annex VI - Statute of the International Tribunal for the Law of the Sea B.4) International Tribunal for the Law of the Sea: Rules of the Tribunal C) International Labour Organization C.1) Constitution of the International Labour Organization C.2) Statute of the Administrative Tribunal D) The World Bank Group D.1) International Bank for Reconstruction and Development: Articles of Agreement D.2) World Bank Inspection Panel: Resolution No. IBRD 93-10, And Resolution No. IDA 93-6 D.3) IFC/MIGA Operational Guidelines for the Office of the Compliance Advisor/Ombudsman (CAO) E) World Trade Organization E.1) Annex 2 of the WTO Agreement: Understanding on Rules And Procedures Governing the Settlement of Disputes E.2) Havana Charter for an International Trade Organization F) European Union / European Community F.1) Treaty Establishing the European Community (As Amended by the Treaty of Amsterdam) INTERNATIONAL COURTS AND TRIBUNALS G.1) International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for Rwanda: Rules of Procedure and Evidence (ICTY As At December 13, 2001 And ICTR As At May 31, 2001) G.2) International Law Commission: Draft Statute of the International Criminal Court G.3) International Criminal Court: Statute G.4) International Criminal Court: Rules of Procedure and Evidence H) Human Rights Courts H.1) European Convention for the Protection of Human Rights and Fundamental Freedoms, as Amended by protocol No. 11 H.2) European Court of Human Rights: Rules of Court H.3) African Charter on Human and Peoples’ Rights: protocol on the Establishment of the African Court on Human and Peoples’ Rights Conference Program International Organizations And The International Judicial Process : An Overview / Cesare P.r. Romano -- International Organizations As Parties To Contentious Cases : Selected Aspects / Tullio Treves -- The European Union And International Dispute Settlement / Allan Rosas -- The European Union Before The European Court Of Human Rights / Andrew Clapham -- Request Of Advisory Opinions In Contentious Cases? / Christian Dominicé -- Advisory Opinions And The Furtherance Of The Common Interest Of Mankind / Laurence Boisson De Chazournes -- Links Between The Ilo And The Icj : A Less Than Perfect Match / Anne-marie La Rosa -- Intergovernmental Organizations As Friends Of The Court / Christine Chinkin And Ruth Mackenzie -- Process Integrity And Institutional Independence In International Organizations : The Inspection Panel And The Sanctions Committee Of The World Bank / Andrés Rigo Sureda -- The Relationship Between Political And Judicial Organs Of International Organisations : The Role Of The Security Council In The New International Criminal Court / Vera Gowlland-debbas -- Judicial Independence In The World Trade Organization / Steve Charnovitz -- Whither The Judicial Function? Concluding Remarks / Geroges Abi-saab. Laurence Boisson De Chazournes, Cesare P.r. Romano, Ruth Mackenzie, Editors. Includes Bibliographical References. This book contains the thoughts of officials of international organizations and NGOs, member of judicial bodies, and academics on the role of international organizations and the settlement of contentious cases before international judicial bodies. The timely work will undoubtedly be of interest to practitioners and scholars who are involved in issues related to cases before international judicial bodies. Published under the Transnational Publishers imprint.