CD Lios2 Y3 2016-2017 Av

International bachelor of law Program 2016-2017
Course Law of International Organizations 2 Page 1 of

Description: 15
Course name: Law of International Organizations 2 Code (Osiris): 3124

Coordinator: Dr. Michael Vagias (International Law) Credits: 5
Lecturer(s): Arjen Vermeer Study load hours: 5x28 = 140
Duration: 10 weeks Period/Year: 3/3
Content (short description):
The law of international organizations is an increasingly important field as these organizations are increasingly
responsible for many competencies. International organizations exist in a variety of forms and serve a number of
different functions with differing powers. However, they have many important common attributes such as their
personality, governance, privileges, and responsibility. The legal officers of international organizations often look
to other organizations for precedent for solving common problems. Over time, a coherent field of the law of
international organizations is growing so that now a student of public international law must have an
understanding of international organizations almost at the same level as an understanding of the international
law of states. Also the number of positions at international organizations is increasing as the number of
organizations grows making this an additionally important field.
Relation of the course to the body of knowledge:
This course will examine the current state of the law of international organizations. The class will read texts and
discuss various topics. Initially the students will discuss the definition of the topic. What is an international
organization? What organizations are included and excluded from consideration? The course will then move into
substantive topics of international legal personality, powers and competences of international organizations,
decision-making, legislative and executive powers, judicial review, privileges and immunities, and responsibility.
In contrast to the Year 2, Law of International Organizations mandatory course which serves as a basic
introduction to the study of the law of international organizations, this advanced seminar will discuss in more
depth some of the issues of the law of international organizations with the United Nations as the most important
yet, not only - example of an international organization. The course provides a greater depth to the students
existing knowledge of organizations and can be applied throughout the remainder of the students education in
public international law.
Teaching aims:
As a third year seminar that deals with international organizations in depth, this is not an introductory role.
Students are advised to review their notes from Year 2, Law of International Organizations, before commencing
the course.
The goals of the course are for students to be able to:
1. Draw on cases and other original materials to critically analyse a selected number of issues of the law of
international organizations.
2. Discuss and critique international organizations/institutions, the UN in particular, on the basis of the applicable
international law and identify arguments and counter-arguments.
3. Solve hypotheticals by applying rules and arguments to new factual scenarios
Course Competence Table Level How the competences are met in the course:
1. Legal Analysis 3 Taught:
2. Advising Through extensive readings of original materials and in seminars,
3. Representation using class discussions on open-ended discussion topics and
4. Decision-making hypotheticals. Students must organized themselves to read the
Description: 15
5. Regulating materials and actively engage in the discussions in class.

6. File Management
7. Organisation Assessed:
8. Legal Communication Two (2) assignments and written exam
Required Reading Material:

Literature: 1. International Law Line Basic Instruments, any ed.
2. Law Collection Law of International Organizations 2, ed. 2016-2017
3. P. Sands and P. Klein, Bowetts Law of International Institutions (2009)
4. Sources posted on blackboard by the lecturer
5. Sources not provided as above must be located through student research
Recommended Reading Material:

Literature: You are encouraged to consult the relevant chapters in other general handbooks, such as:
1. J. Klabbers, An Introduction to International Organizations Law (2015).
2. H.G. Schermers and N.M. Blokker, International Institutional Law (2011)
3. C.F. Amerasinghe, Principles of the Institutional Law of International Organizations (2005)
Organisation:
The course will involve 7 seminar sessions, thus 1 per week. Each seminar will be 2 hours with mid-point break.
The assignments will be discussed in class and the students coached as needed, but students are expected to
take a more independent role than in prior years.
Exam form / assessment:
2 assignments ask students to apply theory and case law to practical, real-world situations requiring legal
analysis.
Exam includes a two-part written assessment. The first portion includes a complex case where students
are expected to unpack the facts and apply their knowledge to a new situation, with some guidance in
the form of leading questions and under time constraints. The second portion involves a doctrinal essay
on the law and its structure or a critique of one of the significant cases studied in the course.
Entry requirements:
60 ECTS from Year 1 plus 50 ECTS from Year 2 (Completion of Year 2 LIOS is highly recommended). Or
by decision of the Exam Board.
Week to week overview:

Week Description
Description: 15
1 Definition of an International Organization, International Legal Personality
Subjects/questions for class discussion:
What is an international organization?

What are the characteristics of an organization that make it an IO?
What are main differences in the various definitions offered? Why are there differences?
What is a will of its own?
What does it mean to have international legal personality?
Is personality inherent or attributed to an organization?
What entities have this personality?
How does an entity get international legal personality?
Is this personality subjective and specific or is it objective and general? What is the difference?
What is the consequence of having personality?
Does the United Nations have legal personality?
Required reading:
Treaties:
Vienna Convention on the Law of Treaties, Articles 31-32 interpretation of the treaties
ICJ:
Reparation for Injuries Suffered in the Service of the UN, 1949 ICJ Rep 174
ECJ:
Case 22/70 Commission v Council, 1971
National courts:
Cristiani v Italian-American Inst, Corte Suprema di Cassazione, Italy 1985
Iran-US Claims Tribunal v AS, Supreme Court, Netherlands 1985
(file:///C:/Users/dkern/Downloads/001-269%20(1).pdf)
Arab Monetary Fund v Hasim (No 3), UKHL 1991
ILC:
Draft Articles RIO 1-2 and their Commentaries, http://legal.un.org/docs/?
path=../ilc/texts/instruments/english/commentaries/9_11_2011.pdf&la ng=EF
Doctrine:
P. Sands and P. Klein, Bowetts Law of International Institutions (2009), pp. 474-515
Recommended Reading:
Relevant chapters of the reference books mentioned in the recommended reading section
Description: 15
2 Powers of International Organizations and Acts Ultra Vires
What are powers of international organizations?

Is international legal personality necessary to have powers?
What powers do international organizations have?
Who decides what powers an IO has? And when it is in doubt?
What is ultra vires? And who assesses it?
Required reading:
Treaties:
United Nations Charter, Arts 1(3), 1(4), 10-14, 13, 39, 41, 42, 51, 56, 58, 60, 103, 105`
Vienna Convention on the Law of Treaties, Arts. 31-32
PCIJ:

Interpretation of the Greco-Turkish Agreement case, 1928 B/16 20
ICJ:
Reparation for Injuries Suffered in the Service of the UN case, 1949 ICJ Rep 174, esp.
178182 (Hackworth)
Effect of Awards of Compensation Made by the UN Administrative Tribunal, 1954 ICJ Rep 47
Constitution of the IMCO, 1960 ICJ Rep 150
Certain Expenses of the UN, 1962 ICJ Rep esp 151, 168, 222223, 232 (Lauterpacht)
(Fitzmaurice) 199-213 (Morelli) p 221-5 (Winiarski) 204, 230 et seq (Bustamante) 290-307
Legal Consequences for States of the Continued Presence of South Africa in Namibia (South
West Africa) notwithstanding Security Council Resolution 276, 1971 ICJ Reps, esp. paras.
1023, 105-116, (Fitzmaurice, esp. paras. 110-116)
Interpretation of the Agreement between the WHO and Egypt, 1980 ICJ Rep esp (Gros)
Legality of the Use by a State of Nuclear Weapons (WHO), 1996 ICJ Rep, esp paras. 20, 21, 26
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territories, ICJ
Rep. 2004, esp. paras 24-35
ICTY:
Prosecutor v. Tadic, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, 2 October
1995, paras. 26-48
Doctrine:
Description: 15
3 Decision-making, decisions and legislative power
How do IOs govern themselves? And reach decisions?

Who decides how these processes work?
What are the methods for reaching a decision? E.g. what is consensus as compared to majority
voting? Who decides when consensus is reached?
What is the nature of decisions? Can the UN Security Council create law through its decisions?
Are all decisions of the UN Security Council legally binding? Are all decisions of the UN General
Assembly legally non-binding?
How is the voting power distributed in the UN Security Council? What is the function of the veto?
Do international organizations have legislative powers? How does it work in the UN?
Required reading
Treaties:
UN Charter, Arts 2(1), 12, 18, 25, 27, 39, 41, 42, 52, 103
UN Documents:
UN SC Resolution 1373 (2001)
ICJ:
Effect of Awards of Compensation Made by the UN Administrative Tribunal, 1954 ICJ Rep esp. p. 61
Certain Expenses of the UN, 1962 ICJ Rep esp pp.163-168, (Spender) p. 196-197
(Fitzmaurice) 199-213 (Morelli) p 221-5 (Winiarski) 230 et seq (Bustamante) 290-307
Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West
Africa) notwithstanding Security Council Resolution 276, 1971 ICJ Reps esp paras. 2022
Case concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v.
United States of America), 1986 ICJ Rep. 14
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial
Incident at Lockerbie (Libyan Arab Jamahiriya v. United States of America, provisional measures, 1992
ICJ Rep esp para 39
Application of the Genocide Convention, provisional measures, 1993 ICJ Rep esp (Lauterpacht)
ICTY:
Prosecutor v Tadic, IT-94-1, Decision on Jurisdiction, Trial Chamber, esp 296
Prosecutor v Tadic, IT-94-1, Decision on Interlocutory Appeal on Jurisdiction, Appeals
Chamber, esp paras. 2028, 4147
Doctrine:
S. Talmon, The Security Council as World Legislature, 99 American Journal of International Law 175
(2005), http://users.ox.ac.uk/~sann2029/AJIL%2099%20(2005),%20175 -193.pdf
Description: 15
4 Executive powers (sanctions) and Judicial Review
What are sanctions? Who can take sanctions?

Who can be targeted by sanctions?
What are the legal limits of sanctions?
Can the UN target individuals with sanctions?
Can decisions of international organizations be reviewed? By national courts?
Can UN Security Council Resolutions be scrutinized by judicial institutions?
What are the consequences of the review of SC resolutions?
Required reading:
Treaties:
UN Charter, Arts. 2(6), 19, 25, 39, 40, 41, 42, 48, 53, 103
European Convention on Human Rights and Fundamental Freedoms, Art. 6(1)
UN documents:
ICJ:
Certain Expenses of the UN, 1962 ICJ Rep esp p. 168
Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West
Africa) notwithstanding Security Council Resolution 276, 1971 ICJ Reps esp para. 89
ICTY:
Prosecutor v Tadic, IT-94-1, Decision on Jurisdiction, Trial Chamber
Prosecutor v Tadic, IT-94-1, Decision on Interlocutory Appeal on Jurisdiction, Appeals Chamber, esp
paras. 2048
Description: 15
STL:
Prosecutor v. Ayyash, STL-ll-OIIPT/AC/AR90.1, Decision on the Defence Appeals against the
Description: 15
Trial Chambers Decision on the Defence Challenges to the Jurisdiction and Legality of the
Tribunal, Appeals Chamber, 2012, paras. 32-54.
ECtHR:
Nada v. Switzerland, Application no. 10593/08, 2013, esp. paras. 121, 122, 154, 170, 172, 180, 188,
195, 196, 197, 212, 213
Al Dulimi v. Switzerland, Application no. 5809/08, 2016, paras. 145-149
EU/EC:
Case T-315/01 Yusuf & Al Barakaat v Council, Court of First Instance 2005
Cases C-402, 415/05 P Kadi et al v Council, 2008
Doctrine:
J. Farrall, The Use of Sanctions by International Organisations, in J.K. Cogan, I. Hurd & I. Johnstone
(eds.), The Oxford Handbook of International Organizations (New York: Oxford University Press, 2016),
pp. 603-621.
ILC:
Draft Articles RIO 51, 52, 53(1) and 54 http://legal.un.org/docs/?
Description: 15
5 Privileges and Immunities
What are privileges and immunities? What are the differences between the two?
Who receives them? What is difference between personal and functional immunity? How do we know
when and to what functional immunity applies?
What privileges and immunities do international organizations enjoy, the UN in particular?
What is an expert on mission for the UN? What privileges and immunities do they enjoy? What
is the role of the UN Secretary-General for the immunities of UN personnel
Required reading:
UN Charter, Art. 105

Convention on the Privileges and Immunities of the United Nations
Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations
General Agreement on the Privileges and Immunities of the Council of Europe
UN-US Headquarters Agreement 7, 8
ICJ:
Applicability of the Convention on Privileges and Immunities of the UN (Mazilu), 1989 ICJ Reps esp
para 52
Difference Relating to Immunity (Cumaraswamy), 1999 ICJ Reps esp paras 50-66
ECtHR:
Beer and Regan v Germany, Appl No. 28934/95, 1999
Waite and Kennedy, Appl No. 26083/94, 1999, esp paras. 63-68
Mothers of Srebrenica v. The Netherlands, Application no. 65542/12, 11 June 2013
National courts:
Iran-US Claims Tribunal v. A.S., Dutch Supreme Court, 1985
Abdi Hosh Askir v. Boutros Boutros-Ghali, US District Court SDNY, 1996
Western European Union v. Siedler and others v. Belgium, Belgian Court of Cassation, 2009
Mothers of Srebrenica v. The Netherlands and the UN, Dutch Supreme Court, 2012
Doctrine:
Description: 15
6 Responsibility of International Organizations
Are IOs responsible for their acts? Or are the states responsible? How do we assign responsibility to
them?
What acts can be attributed to IOs? E.g. what acts of UN peacekeepers, who are members of national
armed forces, are attributable to the UN?
Required reading
ICJ:
Reparation for Injuries Suffered in the Service of the UN, 1949 ICJ Reps esp. 174-177, 180, 184-186
Certain Expenses of the UN, 1962 ICJ Reps 151, esp. p. 168
Interpretation of the Agreement between the WHO and Egypt, 1980 ICJ Reps
Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial
Incident at Lockerbie (Libyan Arab Jamahiriya v. United States of America, provisional measures, 1992
ICJ Rep, esp para 42
Difference Relating to Immunity (Cumaraswamy),1999 ICJ Reps 62, paras. 66, 88-89
Legality of Use of Force, preliminary objections, 2004 ICJ Reps 33, para 45
National courts:
NK v Austria, Sup Prov Ct, Vienna, Austria 1979
A et al & Mothers of Srebrenica v. Netherlands & UN, Case No. 295247, July 2008 AG v Nissan,
UKHL 1969
Nuhanovic v. The Netherlands, Dutch Supreme Court, 2013, esp. paras. 3.7-3.13
ECtHR:
Bosphorus v Ireland, Appl No. 4536/98, 2005
Behrami v. France, Saramati v France et al, Appls No 71412 and 78166/01, 2007, esp para 149
Al-Jedda v. United Kingdom, App. No. 27021/08, 2011
ILC:
Draft Articles RIO 1-9 http://legal.un.org/docs/?
Doctrine:
P. Sands and P. Klein, Bowetts Law of International Institutions (2009), 516-531
Description: 15
7 UN peacekeeping missions
What is the legal basis of UN Security Council Resolutions for peacekeeping missions? Why does it
matter?
What decision-making process was followed?
What is the difference between authorisation and obligation? What are the legal consequences?
Can the UN SC act ultra vires?
Can the UN be held responsible for the conduct of peacekeepers?
Are peacekeepers immune from prosecution?
Required reading
Treaties:
UN Charter, Arts. 2(7), 26, 29, 39, 40, 41, 42, 43
UN Documents:
Model Status of Forces Agreement for Peace-Keeping Operations between the United
Nations and [Host State] (1990) UN Doc A/45/594, esp. paras, 3, 6, 15, 46, 47
https://documents-dds-
ny.un.org/doc/UNDOC/GEN/N90/254/55/IMG/N9025455.pdf?OpenElement
UNMIK, Regulation No. 2000/47 on the Status, Privileges and Immunities of KFOR and UNMIK and
Their Personnel in Kosovo (18 August 2000) http://www.unmikonline.org/regulations/2000/reg47-
00.htm
UN Haiti cholera report, http://www.un.org/News/dh/infocus/haiti/UN-cholera-report-final.pdf p.
29
A/HRC/25/71, para. 77
ILC:
Draft Article RIO 15 and Commentary, http://legal.un.org/docs/?
Doctrine:
Frdric Mgret and Florian Hoffmann, The UN as a Human Rights Violator? Some
Reflections on the United Nations Changing Human Rights Responsibilities, 25 Human Rights
Quarterly 334 (2003)
Haiti Report, https://www.jmls.edu/clinics/international-human-rights/pdfs/cholera-water-haitireport.pdf
Exam preparation
Description: 15
9 Written Exam
The written exam will take place according to the normal schedule. There will be one question related
to a case (including sub-questions) and one essay question.
The written exam is an open book exam. But note that all electronic devices are prohibited and you
may not speak or share any materials with your classmates.
Otherwise, the usual rules governing examinations (and appeals, etc.) at the Hague University of
Applied Sciences apply.
Assignments:
Description: 15
Due Date: Assignment #1: Decision-making and decisions Requirements:

Thursday 23
February 2016, On 5 November 2016, the Security Council adopted Resolution 4321 A4 size paper
11.59h (am) with 9 in favour, 2 abstentions, and 4 against. Of the Permanent 1500 words approx.
Members China abstained, the others were in favour. See text below. 11 point Times New
Roman font
2,5 cm margins
Compare Resolution 4321 with the text of the Paris Agreement (2015), on left, right, top
Art. 4(1)(2). and bottom
Header with course
The Paris Agreement entered into force on 4 November 2016, thirty name, student name,
days after the date on which at least 55 Parties to the Convention student number, date
accounting in total for at least an estimated 55 % of the total global and assignment
greenhouse gas emissions have deposited their instruments of number
1,5 spacing between
ratification, acceptance, approval or accession with the Depositary.
lines
Memorandum
format
OSCOLA
Resolution 4321 (2016) citations
Upload on
Adopted by the Security Council at its 8765th meeting, on Blackboard prior
5 November 2016 to deadline
The Security Council,

Reaffirming also its unequivocal support to battling climate change,
Collaboration is
Reaffirming further that the threat of climate change constitutes a threat to acceptable, but each
international peace and security, student must turn in a
unique work product
Deeply concerned by the increase, in various regions of the world, of acts that Program and Exam
further enable climate change, Regulations and
Hague University
Calling on States to work together urgently to mitigate the effects of climate
regulations apply,
change through increased cooperation and full implementation of the relevant
including but not
international conventions relating to climate change, limited to
Recognizing the need for States to complement international cooperation by plagiarism rules,
taking additional measures to mitigate the effects of climate change, etc.
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that all States shall:

Mitigate the effects of climate change;
Aim to reach global peaking of greenhouse gas emissions as soon as possible,
recognizing that peaking will take longer

Description: 11
Description: 15
for developing country Parties, and to undertake rapid

reductions thereafter in accordance with best available
science, so as to achieve a balance between anthropogenic
emissions by sources and removals by sinks of greenhouse
gases in the second half of this century, on the basis of
equity, and in the context of sustainable development and
efforts to eradicate poverty.
(c) Shall prepare, communicate and maintain successive
nationally determined contributions that it intends to
achieve. Parties shall pursue domestic mitigation measures,
with the aim of achieving the objectives of such
contributions.
2. Expresses its determination to take all necessary steps in order to
ensure the full implementation of this resolution, in accordance with
its responsibilities under the Charter;
3. Decides to remain seized of this matter.
QUESTIONS
1. Describe the decision-making process of the UN Security Council.

Explain the advantages and disadvantages of this particular process.
[3 points]
2. Does Resolution 4321 (2016) fall within the powers of the UN Security
Council or is it ultra vires? What is its legal basis? Would you describe
this power as legislative, executive or judicial? [4 points]
3. What is the (possible) role of Article 103 UN Charter in this case? [3
points]
Please explain your answers with references to legal texts

and jurisprudence
NOTE: Deduction of max 2 points in case of

noncompliance with the requirements
Description: 15
Due Date: Assignment #2: Privileges and Immunities Requirements:

Thursday 16
March 2016,
Read: ICJ, Curamaswamy, Advisory Opinion (1999), Law Collection - Same rules
11.59h (am)
LIOS 2, and answer the following questions: apply as above
1. Why do the privileges and immunities of representatives of IOs differ

from those of States? [2 points]
2. What is/are the legal question/s in Cumaraswamy and why is/are
it/they framed this way? [2 points]
3. Discuss the Advisory Opinion and evaluate in particular what the
contribution of this Advisory Opinion is to the Law of International
Organizations? [6 points]
Please explain your answers with references to legal texts

and jurisprudence
NOTE: Deduction of max 2 points in case of

noncompliance with the requirements
Description: 11
Due Date: Re-sit assignment #1 Requirements:

Q4, Week 1,
Monday, 8:59h - Same rules
(a.m.) apply as above
Due Date: Re-sit assignment #2 Requirements:

Q4, Week 1,
Monday, 8:59h - Same rules
(a.m.) apply as above

CD Lios2 Y3 2016-2017 Av

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

CD Lios2 Y3 2016-2017 Av

Uploaded by

Copyright:

Available Formats

International bachelor of law Program 2016-2017

Course Law of International Organizations 2 Page 1 of

Course name: Law of International Organizations 2 Code (Osiris): 3124

Content (short description):

Relation of the course to the body of knowledge:

The goals of the course are for students to be able to:

5. Regulating materials and actively engage in the discussions in class.

Required Reading Material:

Recommended Reading Material:

Exam form / assessment:

Week to week overview:

1 Definition of an International Organization, International Legal Personality

Subjects/questions for class discussion:

What is an international organization?

2 Powers of International Organizations and Acts Ultra Vires

Subjects/questions for class discussion:

What are powers of international organizations?

3 Decision-making, decisions and legislative power

Subjects/questions for class discussion:

How do IOs govern themselves? And reach decisions?

4 Executive powers (sanctions) and Judicial Review

Subjects/questions for class discussion:

What are sanctions? Who can take sanctions?

5 Privileges and Immunities

Subjects/questions for class discussion:

UN Charter, Art. 105

6 Responsibility of International Organizations

Subjects/questions for class discussion:

Subjects/questions for class discussion:

Due Date: Assignment #1: Decision-making and decisions Requirements:

The Security Council,

Acting under Chapter VII of the Charter of the United Nations,

1. Decides that all States shall:

International bachelor of law Program 2016-2017

for developing country Parties, and to undertake rapid

1. Describe the decision-making process of the UN Security Council.

Please explain your answers with references to legal texts

NOTE: Deduction of max 2 points in case of

Due Date: Assignment #2: Privileges and Immunities Requirements:

1. Why do the privileges and immunities of representatives of IOs differ

Please explain your answers with references to legal texts

NOTE: Deduction of max 2 points in case of

Due Date: Re-sit assignment #1 Requirements:

Due Date: Re-sit assignment #2 Requirements:

You might also like