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6 - Analogy in the Relations between Organizations and Members

from Part III - Limits of the Analogy

Published online by Cambridge University Press:  09 November 2018

Fernando Lusa Bordin
Affiliation:
University of Cambridge
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Summary

The chapter addresses the question of the role of the analogy between States and international organizations in the relations between international organizations and their members. It distinguishes between those relations taking place on the institutional plane and those relations taking place on the international plane. While general rules of international law extended by analogy can be applied (alongside the rules of the organization) to relations belonging to the latter category, the analogy reaches its breaking point at the level of internal institutional relations. Even so, a presumption is warranted that general international law can be incorporated into the internal law of international organizations unless otherwise stipulated.
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Publisher: Cambridge University Press
Print publication year: 2018

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