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The Concept of an International Organization in International Law$
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Lorenzo Gasbarri

Print publication date: 2021

Print ISBN-13: 9780192895790

Published to Oxford Scholarship Online: May 2021

DOI: 10.1093/oso/9780192895790.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 December 2021

The Dual Legal Nature in Practice

The Dual Legal Nature in Practice

(p.108) 8 The Dual Legal Nature in Practice
The Concept of an International Organization in International Law

Lorenzo Gasbarri

Oxford University Press

This chapter describes the dual legal character of international organizations as discussed in practice and scholarship. It reviews every act mentioned by the International Law Commission in its definition of rules of international organizations: ‘the constituent instruments, decisions, resolutions and other acts of the international organization adopted in accordance with those instruments, and established practice of the organization’. Moreover, it also includes agreements with third parties and judicial decisions, which the Commission mentioned only in the commentary to the articles on the responsibility of international organizations. Additionally, it considers general principles and customary law, not mentioned by the Commission but rules of international organizations nonetheless. The purpose is to present a variety of examples in which the dual legal character is either useful to shed new light on traditional debates or already acknowledged by practice and scholarship.

Keywords:   rules of international organizations, constitutive instruments, general principle, customary law, institutional practice, judicial decisions, treaty law, Security Council resolutions, Mandate, ICAO regulations

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