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.
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)
More information at: https://onderwijsaanbod.kuleuven.be/syllabi/e/C00C5BE.htm#activetab=doelstellingen_idp4477008
