Izvorni znanstveni članak
International Organization as a Party to an International Dispute
Davorin Lapaš
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
Only a century ago, in state-centric international law states use to be accepted as almost the only international persons. Therefore, one should not be surprised that international legal norms (both, primary and secondary norms) in that time shared the same state-centric character. However, the appearance of the first modern international organizations in the second half of the 19th century, faced international law with the new, non-territorially determined entities having participated in international relations with states. Therefore, the legal regulation of these relations became necessary, not only on the level of reciprocal rights and duties, but also on the level of secondary norms, including the regulation of settlement of international disputes that could arise from the breach thereof.
These changes have consequently required more extensive interpretation of the traditional definition of the notion of dispute in international law. Thus, for example, the “functional necessity doctrine” which is widely accepted today, determines the scope of activities of international organizations through the teleological interpretation of their constitutive acts. This being so, lots of activities of these organizations have been qualified as having the iure imperii character, having consequently been covered by their immunities, even in the case when the nature of these activities would regularly belong to the sphere of private law (e.g. employment relations). Consequently, any dispute concerning these activities should be considered as an international dispute.
Generally, international disputes of international organizations can be submitted for settlement alternatively to the four types of judicial organs, of course according to the requirements of each of them. Probably the most often choice will be some ad hoc, or even permanent arbitration court. Also, there is a possibility to submit a disputable legal question before the International Court of Justice for its advisory opinion. Further, some international organizations have their own so-called international administrative tribunals (IATs) having jurisdiction particularly in the disputes arising from the employment relations within the organizations. Finally, even a municipal court of a (member) state can have jurisdiction in a dispute concerning the iure imperii activities of an international organizations, provided that such organization have waived its immunity.
Ključne riječi
international organization; international dispute; subjects of international law
Hrčak ID:
93130
URI
Datum izdavanja:
3.5.2012.
Posjeta: 2.684 *