Seyed Qasem zamani; Mahshid Ajeli lahiji
Abstract
Traditionally, there have been two acceptable theories regarding the legitimacy of any phenomenon in international law, inter alia international organizations: acceptability among people and acceptability among States. However, the evolution of international law makes it inevitable to revisit the issue ...
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Traditionally, there have been two acceptable theories regarding the legitimacy of any phenomenon in international law, inter alia international organizations: acceptability among people and acceptability among States. However, the evolution of international law makes it inevitable to revisit the issue to create a new criterion for considering legitimacy. Nowadays, the level of commitment to international values seems to be the criterion for legitimacy according to which the situation of international organizations could be evaluated and it will make their challenges obvious. Specifically, the case study of the World Bank, the organization which has been criticized for many years could determine the way this pattern is used to address the legitimacy challenges in international law. It also, explains the reasons behind challenging World Bank structure and operation by the International Community. The organization faces serious problems from the perspective of conformity with international values. Without addressing those problems, the legitimacy of the organization will remain under question.
Abstract
Today, International Organizations play an important and effective role in implementing the decisions of the United Nations Security Council. In this way, the conflict between the constituent instrument of International Organizations and The Security Council Resolutions may arise. There are two approaches ...
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Today, International Organizations play an important and effective role in implementing the decisions of the United Nations Security Council. In this way, the conflict between the constituent instrument of International Organizations and The Security Council Resolutions may arise. There are two approaches in this field. 1- The European Union approach, according to it The Internal law of International Organizations has priority on The United Nations Security Council Resolutions. 2- Priority of the Security Council Resolutions according to the article 103 of the Charter of United Nations. The authority, who wants to construe the priority, has an important role in applying one of the two approaches. The European Court of Justice has choosed the first approach in order to maintain its fundamental values against the Security Council resolutions that are in contrast with them and the United Nations practice shows the priority of the latter approach, according to it the Security Council resolutions are the integral part of the Charter's obligations.
Seyed Mahdi Razavi; Mojtaba Babaee; Mahdi Hatami; Ali Tavakoli Tabasi
Abstract
The principle of specialty of international organizations requires that rights
and obligations of each organization is a function of the scope of the powers
entrusted to it by the members. This principle can play an effective role in the
legal regime of this kind of subjects of international Law, ...
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The principle of specialty of international organizations requires that rights
and obligations of each organization is a function of the scope of the powers
entrusted to it by the members. This principle can play an effective role in the
legal regime of this kind of subjects of international Law, including international
responsibility. The draft articles on the responsibility of international
organizations adopted by international law commission in 2011 has taken into
account this principle in the certain manner so that it implies a median
approach. The commission while accepting the importance of this principle in
the law of international organizations, refused to accept it as a basis for the
provisions relating to the responsibility of international organizations, but in
other ways mainly by relying on the rule of Lex specialis has tried to make it
operational. This rule, that involves the superiority of specific law to general
law, has been declared in article 64 of draft articles on the responsibility of
international organizations and considered as a field for observance of specific
legal conditions of international organizations in dealing with the general rules
of international responsibility. This article, with the aim of explaining of the
position of specialty of international organizations in regulations of their
international responsibility, has examined the specific approach of the
international law commission on this issue
