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In: The State Practice of India and the Development of International Law

national legal orders important? Why is it necessary to examine whether, or to what extent, international organizations are international legal persons, or subjects of international law, 3 or entities capable of bearing rights and obligations? 4 Without such a status, international organizations would not

In: International Institutional Law

concerned. In the present chapter, decision-making procedures will be discussed. The different types of decision that can be taken form the subject matter of Chapter Eight. Some readers may prefer to study the various types of decisions that can be taken before investigating how they are adopted. However

In: International Institutional Law
Dynamic Interplay between Foreign Policy and Jurisprudence
The State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law. Providing insight into the historical evolution of Indian state practice from pre-1945 period through the 21st century, the work meticulously and systematically examines the interpretation and execution of international law by national legislative executive and judicial organs individually as well as collectively. The author demonstrates India’s ambitions as a rising global power and emerging role in shaping international affairs, and convincingly argues how India will continue to resist and prevent consolidation of Euro-American centric influence of international law in areas of her political, economic and culture influence.

international organizations on individual technical subjects. Thus, it was possible to refer to the “specialized agencies of the CMEA”. 80 In the so-called comprehensive programme of 1971, the members of the CMEA stipulated that agreements and protocols would be concluded between the CMEA and these

In: International Institutional Law

institutional law. 35 1. Creation of a legal person §1148  Unlike ordinary treaties, constitutions not only regulate rights and duties between states, but also - and even primarily - create new subjects of international law. As the International Court of Justice has observed, the object of constitutions “is to

In: International Institutional Law

organs of an organization. They are served by the secretariat and they are subject to the general budgetary and administrative authority of the ‘hosting’ organization, subject to the caveat that no resolution of another organ can amend the treaty which created a treaty organ. Provisions concerning treaty

In: International Institutional Law

the end of each chapter, and – it is hoped – enable us to gain a better, overall understanding of the subject matter of this study. By its nature, the study has described and analyzed the details of international institutional law, and consequently the ‘wood’ of the law can become lost in the ‘trees

In: International Institutional Law

stretch far enough to include all acts indispensable for the performance of the functions of the organization. 17 In its 1996 WHO Advisory Opinion, the International Court of Justice considered that international organizations are subjects of international law which do not, unlike states, possess a

In: International Institutional Law

accordance with the Commission’s plan. The decision was the subject of a press release under the heading “conclusions of the Council”. The European Parliament sought the annulment of this decision, claiming before the Court of Justice that it was a Council decision. It argued that the decision had budgetary

In: International Institutional Law