Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-dlnhk Total loading time: 0 Render date: 2024-11-24T22:33:38.366Z Has data issue: false hasContentIssue false

2 - The Foundations of the Analogy between States and International Organizations

from Part I - The Case for an Analogy

Published online by Cambridge University Press:  09 November 2018

Fernando Lusa Bordin
Affiliation:
University of Cambridge
Get access

Summary

For the analogy between States and international organizations to be plausible, two conditions must be satisfied. First, international law has to admit of international organizations as a general category of entities to which a common set of rights, obligations and capacities can apply, as is the case with States. This requires seeing them as international legal subjects proper - as opposed to mere treaty transactions between their member States - and identifying the unifying principle that brings a wide range of existing institutions within the same category. Second, there must be attributes which all the entities falling under that general category share which can be persuasively compared with attributes shared by the category formed by States. In discussing these theoretical assumptions in light of relevant practice and precedent, the chapter revisits debates that have taken place within the International Law Commission with respect to the definition, legal personality and capacities of international organizations, as those provide an illustration of the evolution in thinking on the status of international organization under international law. The aim is to offer a fresh perspective on the elusive position that these institutions occupy in the international legal system.
Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×