Subsisdary Organs in International Law Projects

8/20/2019 Subsisdary Organs in International Law Projects

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PUBLIC INTERNATIONAL LAW

SUBSISDARY ORGANS IN INTERNATIONAL LAW

INTRODUCTION:

Most of the international organisations in the world have a clear definition of the powers

the organisation possesses. This definition is usually in the form of a Charter or another

document or treaty to this end. In the documents, the structure of the organisation is set

out, and an example of this is the Charter of the United Nations, hereinafter referred to as

UN Charter. The organs establish principal organs to perform the functions of the

organisation. International organisations are moulded in the same shapes for the most

part, and the United Nations is not an exception to this could. In order for the

organisation to be efficient, there need to be a specific division of what powers the

different organs possess, and they have to be able to establish subsidiary organs when

there is a need for this.

The term subsidiary organ! is, as I "ust mentioned, not defined in the UN Charter.

Neither has it been defined in any practice of the UN principal organs. #ome authors

ma$e their own definitions, as an example, %elsen uses the wording of articles && and &'

when he ma$es a definition of the term subsidiary, and says that these types of organs are

auxiliary organs that are established to assist in the wor$ of the organ competent to

establish them. (s for the terminology of the expression, the term )subsidiary organ* is

not the only term used. #ometimes the expressions )committees*, )commissions*,

)subsidiary bodies* and )subordinate bodies* are used, but they all have fall within the

scope of the term )subsidiary organs* according to the Repertory of Practice of United

Nations Organs. ( subsidiary organ is, as we have seen above and will see below, an

organ of the UN, created by one or more of the principal organs. The only document in

which we can find a definition is a document from the #ecretariat of the UN in +'-.



RESEARCH OBJECTIVES: The researcher has the following broad research

ob"ectives

+. To understand the role of #ubsidiary /rgans in International 0aw

&. To discuss its applicability under the functioning of International 0aw

1. To identify and bring into limelight the loopholes in its functioning under the

ambit of International 0aw

-. To suggest suitable remedies to remedy the same.

RESEARCH QUESTIONS:

2a34hether a subsidiary organ is created by, or under the authority of, a principalorgan of the United Nations5

2b34hether the membership, structure and terms of reference of a subsidiary

organ are determined, and may be modified by, or under the authority of, a

principal organ5

2c3 4hether a subsidiary organ may be discontinued by, or under the authority of,

a principal organ5

Research Meth!"#$:

The research methodology adopted is purely

doctrinal in nature. The research is basically descriptive, critical, comparative

and analytical oriented research which deploys deductive type of logical

reasoning.



C%c"&s'%:

#ubsidiary organs in International 0aw have always a secondary

role but yet significant role to play. In this connection, these organs have

always been overloo$ed by the significant organs in the international arena.

These organs are specifically targeted in addressing certain global issues and

hence its presence and recognition shouldn!t be underestimated under any

costs. The 6uestion on the legal establishment of subsidiary organs under

article && is rather open. The Members of the UN bac$ in +'7, one could say

that the existence of the two ad hoc tribunals is no longer interesting since

they would no longer be necessary in the wor$ of the #C. This is something I

will get bac$ to later in the final chapter of the thesis.

L'terat&re Re('e):

0ist of 8oo$s 9eferred

+. :. 8eyerly public International 0aw ( ;uide to Information #ources 2+''+3.

&. #.M. %lec$ner public International law and International /rgani<ation

International law 8ibliography 2+'==3.

1. >.; Merrills ( Current 8ibliography 2+'?=3.-. /ppenheim International law 2=th edn, +'3 @ol +, pp ''A+7.

0ist of Treaties 9eferred+. The United %ingdom Treaty #eries 2from +='& onwards3.

&. The 0eague of Nations treaty #eries.

1. The United Nations Treaty #eries 2Bublished in pursuance of article +7& of

the Charter.

-. International 0abour Conventions and 9ecommendations adopted by the

I.0. Conference, 2+'+'A+'=+3.. International Brotection of the :nvironment Treaties and related ocument

17 vols 2+'?A+'=13.

D. Multilateral Treaties Index and Current status 28utterworths, 0ondan,

+'=-3.



0ist of >udicial and (rbitral ecisions

+. The case law of international 0aw +& vols, +'&A+'?-

&. >.E.4 @er<i"l the "urisprudence of the world court vol I 2+'&&A+'-73,

published +'D, and vol II 2+'-?A+'D3, published +'DD.

1. (nnual igest and reports of public international law cases.-. 8ritish International 0aw cases 2first vol. published +'D-

. United Nation report of International (rbitration award 29I((3, Moore

history and igest of international (rbitrations to which the United states has

a party 2+='=?3 D vols the same authors International (d"udications (ncient

and Modern 2+'&'A+'1D3, (.M stuyt survey of International (rbitrations

+?'-A+'=' 2+''73 and e 0a Bradelle and politics 9ecueil des (rbitrages

Internationausx.

D. (pplied by International court and tribunals vol I general principle 1 rd edn,

+'?3, vol II, 0aw of (rmed conflict2+'D=3, @ol III, International

Constitutional 0aw2+'?D3 and vol I@, International "ustice 0aw 2+'=D3.

#.#ylverster 9a"

8(7+177D=

Subsisdary Organs in International Law Projects

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