All programmes > The Law of International Organisations

The Law of International Organisations (B-KUL-C00C5B)

6 ECTSEnglish39 First term
Wouters Jan (coordinator) |  Hernández Gleider |  Wouters Jan
POC Rechten

Aims

Learning goals

The course’s fundamental objective is to provide students with advanced knowledge and a critical understanding of the institutional life (including formation, membership, competences, organs, modes of decision-making, accountability and control) of global and regional international organizations as well as of their increasing role and impact, both internationally and within domestic legal systems, in the development and interpretation of legal principles, rules and standards. Particular emphasis will lie on the United Nations and the UN family of organizations at the global level, and on intergovernmental organizations based in Europe (Council of Europe, NATO, OECD, OSCE) at the regional level, and the relationship between such organizations and the European Union as a supranational regional organization.

An important method develop students’ capacity for a critical understanding of the role and impact of international organizations is the active use of case-studies, including international and domestic case-law and cases demonstrating institutional complexities as well as the development and interpretation of legal principles, rules and standards by particular international organizations and bodies.

Previous knowledge

As the Law of International Organizations forms part of Public International Law it is essential that students already possess knowledge with respect to the latter, more general branch of law. In case you have not attended a Public International Law course yet, you will find a relatively short introduction on this course’s Toledo page that has to be studied before the course starts.

Is included in these courses of study

Activities

6 ects. The Law of International Organisations (B-KUL-C00C5a)

6 ECTSEnglishFormat: Lecture39 First term
Hernández Gleider |  Wouters Jan
POC Rechten

Content

The institutional law of international organisations comprises those rules of law that govern their legal status, structure and functioning. In this course, the most important legal and institutional issues of the law of international organizations will be studied: definition of international organizations; different kinds of international organizations; establishment and dissolution; membership and other forms of participation; legal status of international organizations in international and domestic law; competences; organs; decision-making; types of decisions and their legal significance; financing; control; supervision of the execution of decisions; dispute settlement; external relations of international organizations.Those issues will be analysed more in-depth with regard to a number of international organisations, such as the United Nations and the organizations and organs linked to it (e.g., International Monetary Fund, the World Bank) as well as a number of regional intergovernmental organizations (in particular the OSCE, OECD, Council of Europe, NATO). While studying the selected topics, the historical context and the societal forces that explain their existence and functioning will also be discussed.

§ 1 Introduction (learning methods, rise and importance of IOs, history, definition)

§ 2 Constituent document (specifics of founding treaty as legal basis of IOs: reservations, revision, interpretation, ….)

§ 3 Legal personality and competences (domestic and international personality; attributed powers; implied powers)

§ 4 Membership (accession, suspension, termination, representation)

§ 5 Organs (composition, functioning, types – mutual relationship, institutional balance)

§ 6 Decision-making (different legal instruments, international organizations as law-makers?)

§ 7 Diplomatic relations (treaty making powers; towards states and towards other IOs)

§ 8 Privileges and immunities (functional necessity; of the organization & its officials; of member state’s representatives)

§ 9 International responsibility (human rights violations by international organizations, access to justice; liability, DARIO)

§ 10 Dispute settlement mechanisms (different constellations, e.g. between member states of IO & organ(s); staff disputes)

Course material

Reader and sourcebook (yearly updated), available from the "VRG-Coursebookservice".

Format: more information

1. In part ex cathedra lectures, especially on the introductory parts
2. In part an interactive approach whereby students prepare themselves on the basis of materials and actively discuss the key issues/ challenges involved and analyse case-studies

 

Evaluation

Evaluation: The Law of International Organisations (B-KUL-C20C5b)

Type : Exam during the examination period
Description of evaluation : Written
Type of questions : Open questions, Closed questions
Learning material : Course material

Explanation


Written open book exam with case studies and possibly open essay questions.