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Oxford Public International Law
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Subject
Air law and law of outer space
Diplomacy and consular relations
History of international law
Human rights
Immunities
Individuals and non-state actors
International co-operation
International criminal law
International economic law
International environmental law
International humanitarian law
International law and international relations
International organizations
International procedural law
International responsibility
Law of the sea
Law of treaties
Relationship between international and domestic law
Settlement of disputes
Sources, foundations and principles of international law
Statehood, jurisdiction of states, organs of states
Territory
Theory of international law
Use of force, war, peace and neutrality
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Oxford Law Citator
Contents
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Preliminary Material
Contents
List of Abbreviations
Table of Cases
Permanent Court of International Justice (PCIJ)
International Court of Justice (ICJ)
European Court of Human Rights (ECtHR)
European Court of Justice (ECJ)
Court of Justice (formerly European Court of Justice) and General Court (formerly Court of First Instance (CFI))
International Criminal Tribunal for the Former Yugoslavia (ICTY)
International Criminal Tribunal for Rwanda (ICTR)
World Bank Administrative Tribunal
WTO Appellate Body and WTO Panel
Arbitral Awards
National Courts
Austria
Belgium
Canada
Cyprus
France
Germany
Italy
Japan
New Zealand
South Africa
Switzerland
The Netherlands
Turkey
United Kingdom
US Supreme Court Cases
US Federal Appeals Court Cases
US Federal District Court Cases
List of Contributors
Main Text
General Introduction
1 Legal Status (Personality)
Preliminary Material
1.1 Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion, [1949] ICJ Rep 174
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
1.2 Case 22/70, Commission v Council (European Road Transport Agreement), Court of Justice of the EC, [1971] ECR 263
Relevance of the case
I Facts
II Legal question
III Excerpts
IV Commentary
1.3 Maclaine Watson & Co. Ltd v International Tin Council, 26 October 1989, United Kingdom House of Lords, 81 ILR 670
Relevance of the case
I The facts of the case
II The legal question
III Excerpts
IV Commentary
1.4 Arab Monetary Fund v Hashim and others, 21 February 1991, United Kingdom House of Lords, 85 ILR 1
Relevance of the case
I The facts of the case
II The legal questions
III Excerpts
IV Commentary
1.5 Cases 7/56 and 3/57–7/57, Algera, Court of Justice of the EC, [1957–8] ECR 39 and Case C-327/91, France v Commission, Court of Justice of the EC, [1994] ECR I-3641
Relevance of the cases
I Facts
II The legal question
III Excerpts (Algera)
IV Commentary
1.6 Application of the Interim Accord of 13 September 1995 (The Former Yugoslav Republic of Macedonia v Greece), Judgment, [2011] ICJ Rep 644
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
2 Legal Powers
Preliminary Material
2.1 Interpretation of the Greco-Turkish Agreement of 1 December 1926, Permanent Court of International Justice, Advisory Opinion, [1926] Publ. PCIJ, Series B, No. 16
Relevance of the case
I The facts of the case
II The legal question
IV Commentary
2.2 Effect of Awards of Compensation Made by the United Nations Administrative Tribunal Advisory Opinion [1954] ICJ Rep 47
Relevance of the case
I Facts
II Legal questions
III Excerpts
IV Commentary
2.3 Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter), International Court of Justice, Advisory Opinion, [1962] ICJ Rep 151
Relevance of the case
I Facts of the case
II The legal questions
III Excerpts
IV Commentary
A Powers of the UN organs
B Treaty interpretation
C Ultra vires
D Role of the Court
2.4 Legality of the Use by a State of Nuclear Weapons in Armed Conflict International Court of Justice, Advisory Opinion of 8 July 1996, [1996] ICJ Rep 66
Relevance of the advisory opinion
I Background
II The legal question
III Excerpts
IV Commentary
A Mandate
B Principle of speciality
C System of the UN Charter
D Hierarchy
3 Institutional Structure and the Position of Members
Preliminary Material
3.1 Case Concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya Arab Jamahiriya v United States of America), Request for the Indication of Provisional Measures, Order of 14 April 1992, [1992] ICJ Rep 114
Relevance of the case
I Facts
II The legal question
III Excerpts
IV Commentary
3.2 Prosecutor v Duško Tadić, Decision on the defence motion for interlocutory appeal on jurisdiction, IT-94-1-AR72, Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia, 2 October 1995
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
Subsidiary organs.
Jurisdiction.
3.3 Conditions of Admission of a State to Membership in the United Nations (Article 4 of the Charter), Advisory Opinion, [1948] ICJ Rep 57; Competence of the General Assembly for the Admission of a State to the United Nations, Advisory Opinion, [1950] ICJ Rep 4
Relevance of the Advisory Opinions
I Facts of the cases
II The legal questions
III Excerpts
A First Admissions Advisory Opinion
B Second Admissions Advisory Opinion
IV Commentary
A Factors in connection with conditions
B Focus on the Security Council’s primary responsibility
C Discretion
D Principle of universality
E Political resolution
F Conclusion
4 Legal Acts
Preliminary Material
4.1 Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, [1971] ICJ Rep 16
Relevance of the case
I The facts
II The legal question
III Excerpts
IV Commentary
A Roles of UN organs and their relationship with one another
B Dissolution and succession of international organizations
C Reinforcing the moral authority of the international organization
4.2 Solange I, BverfGE 37, 291, 29 May 1974; Solange II, BverfGE 73, 339, 22 October 1986; Solange III, BverfGE 89, 155 12 October 1993; and Solange IV, BverfGE 102, 147, 7 June 2000
Relevance of the cases
Solange I, BverfGE 37, 291, 29 May 1974
I The facts
II The legal question
III Excerpts
Solange II, BverfGE 73, 339, 22 October 1986
I The facts
II The legal question
III Excerpts
IV Commentary
Solange III, BverfGE 89, 155 12 October 1993
I The facts and the legal question
II Excerpts
III Commentary
Solange IV, BverfGE 102, 147, 7 June 2000
I The facts and the legal question
II Commentary
Conclusions
4.3 Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v United States of America), Merits, Judgment, [1986] ICJ Rep 14
Relevance of the case
I The facts of the case
II The legal question
III Excerpts
IV Commentary
4.4 Youssef Nada v State Secretariat for Economic Affairs and Federal Department of Economic Affairs, Administrative Appeal Judgment, Case No. 1A 45/2007, Switzerland, Federal Tribunal, 14 November 2007, 133 BGE II 450; ILDC 461 (CH2007)
Relevance of the case
I Facts of the case
A The sanctions regime
B Nada’s case
II The legal questions
III Excerpts
IV Commentary
A The decision
(i) Attribution of conduct and indirect review
(ii) Conflict of norms and normative hierarchy
(iii) The equivalent protection doctrine
B The aftermath
4.5 Case T-315/01, Yassin Abdullah Kadi v Council of the European Union and Commission of the European Communities, 21 September 2005, [2005] ECR II-3649 (Kadi I CFI); Cases C-402/05 P and C-415/05 P, Yassin Abdullah Kadi and Al Barakaat International Foundation v Council and Commission, Court of Justice of the EC [2008] ECR I-6351 (Kadi I ECJ); Case T-85/09, Kadi v Commission [2010] ECR II-5177 (Kadi II GCEU); Joined Cases C-584/10 P, C-593/10 P and C-595/10 P, Commission and United Kingdom v Kadi, Judgment of the Court (Grand Chamber) of 18 July 2013 (Kadi II CJEU)
Relevance of the cases
I Facts of the cases
II The legal questions
III Excerpts
A Kadi I CFI
B Kadi I ECJ
C Kadi II GCEU
D Kadi II CJEU
IV Commentary
A The decisions
(i) Normative control, discretion, and judicial review
(ii) The standard of review
(iii) Internal and external justifications for disobedience of the Security Council
B The aftermath
5 Obligations of International Organizations
Preliminary Material
5.1 Case 21-24/72, International Fruit Company v Produktschap voor Siergewassen, Court of Justice of the EC, [1972] ECR 1219
Relevance of the case
I Facts and legal questions
II Excerpts
III Commentary
A Does ‘succession’ amount to EU implementation without EU obligation?
B Does ‘succession’ provide a solution to a new problem?
Some conclusions
5.2 Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt, Advisory Opinion, [1980] ICJ Rep 73
Relevance of the case
I The facts of the case
II The legal question
III Excerpts
IV Commentary
5.3 Case No. IT-95-9-PT, Decision on the Motion for a Judicial Assistance to be Provided by SFOR and Others, Trial Chamber of the International Criminal Tribunal for the former Yugoslavia, 18 October 2000
Relevance of the case
I The facts of the case
II The legal question
III Excerpts
IV Commentary
6 Responsibility
Preliminary Material
6.1 Westland Helicopters Ltd v Arab Organization for Industrialization, United Arab Emirates, Kingdom of Saudi Arabia, State of Qatar, Arab Republic of Egypt, and Arab British Helicopter Company, Arbitration, 5 March 1984, 80 ILR 600
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
6.2 Arab Organization for Industrialization and others v Westland Helicopters Ltd, Swiss Federal Supreme Court (First Civil Court), 19 July 1988, 80 ILR 652
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
6.3 Matthews v United Kingdom, ECtHR, App. No. 24833/94, 18 February 1999
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
6.4 Admissibility of the Application by Vlastimir and Borka Banković, Živana Stojanović, Mirjana Stoimenovski, Dragana Koksimović, and Dragan Suković against Belgium, the Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, The Netherlands, Norway, Poland, Portugal, Spain, Turkey, and the United Kingdom, European Court of Human Rights, Grand Chamber Decision, [2001]
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
6.5 Bosphorus Hava Yollari Turizm veTicaret Anonim Sirketi v Ireland, App. No. 45036/98, European Court of Human Rights, 30 June 2005
Relevance of the case
I Facts of the case
II Legal question
III Excerpts
IV Commentary
A Rationale behind Bosphorus
B Open questions and post-Bosphorus case-law
6.6 Agim Behrami and Bekir Behrami v France, App. No. 71412/01 and Ruzhdi Saramati v France, Germany, and Norway, App. No. 78166/01, European Court of Human Rights, 2 May 2007
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
6.7 Gasparini v Italy and Belgium, App. No. 10750/03, Admissibility Decision, European Court of Human Rights, 12 May 2009
Relevance of the case
I Facts
II The legal question
III Excerpts
IV Commentary
A Application of the Bosphorus case-law
B The requirement of state involvement
6.8 Mukeshimana-Nguilinzira and ors. v Belgium and ors., Brussels Court of First Instance, ILDC 1604 (BE 2010), 8 December 2010
Relevance of the case
I The facts of the case
II The legal question
III Excerpts [translation ILDC]
IV Commentary
6.9 Nuhanović v Netherlands, Judgment, BZ9225, and Mustafić v Netherlands, Judgment, BZ9228, Supreme Court of The Netherlands, 6 September 2013
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
A Attribution
B Wrongfulness
C Conclusion and policy implications
6.10 Al-Jedda v United Kingdom, App. No. 27021/08, European Court of Human Rights, 7 July 2011
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
7 Immunity
Preliminary Material
7.1 Manderlier v Organisation des Nations Unies and Etat Belge (Ministre des Affaires Etrangères), Tribunal Civil de Bruxelles, 11 May 1966, Journal des Tribunaux, 10 December 1966, No. 4553, 121
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
7.2 Abdi Hosh Askir v Boutros Boutros-Ghali, Joseph E. Connor et al., US District Court SDNY, 29 July 1996, 933 F. Suppl. 368 (SDNY 1996)
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
7.3 Difference relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, Advisory Opinion, [1999] ICJ Rep 62
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
7.4 Beer and Regan v Germany, App. No. 28934/95 and Waite and Kennedy v Germany, App. No. 26083/94, European Court of Human Rights, 18 February 1999
Relevance of the case
I The facts of the case
II The legal questions
III Excerpts
IV Commentary
A Waite and Kennedy and the ‘human rights approach’ to organizational immunities
B The merits and de-merits of Waite and Kennedy
C Waite and Kennedy as a motor for the constitutionalization of international organizations?
D Critical reception and doctrinal debates
7.5 League of Arab States v T M., Belgian Court of Cassation, ILDC 42 (BE 2001), 12 March 2001
Relevance of the case
I Facts of the case
II The legal question
III Excerpts [translation ILDC]
IV Commentary
7.6 Prewitt Enterprises, Inc. v Org. of Petroleum Exporting Countries, 353 F.3d 916 (11th Cir. 2003)
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
7.7 Entico Corporation Ltd v UNESCO, 18 March 2008, [2008] EWHC 531 (Comm), [2008] 2 All ER (Comm) 97
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
7.8 Western European Union v Siedler, Belgian Court of Cassation, 21 December 2009
Relevance of the case
I The facts of the case
II The legal question
III Excerpts
IV Commentary
7.9 OSS Nokalva, Inc. v European Space Agency, United States Third Circuit decision, 617 F.3d 756 (3d Cir. 2010)
Relevance of the case
I Facts of the case
II The legal question
III Excerpts
IV Commentary
7.10 Mothers of Srebrenica v The Netherlands and the UN, LJN: BW1999, Dutch Supreme Court, 13 April 2012 and Stichting Mothers of Srebrenica and Others against The Netherlands, App. No. 65542/12, European Court of Human Rights, 11 June 2013
Relevance of the cases
I The facts of the cases
II The legal questions
III Excerpts
IV Commentary
Further Material
Index
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Table of Cases
Edited By: Cedric Ryngaert, Ige F Dekker, Ramses A Wessel, Jan Wouters
From:
Judicial Decisions on the Law of International Organizations
Edited By: Cedric Ryngaert, Ige F Dekker, Ramses A Wessel, Jan Wouters
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
01 March 2016
ISBN:
9780198743620
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